Denis Rende v. Alfred S. Kay

LEVENTHAL, Circuit Judge:

The District Court held that Rule 25(a) (1) of the Federal Rules of Civil Procedure required dismissal of the plaintiffs’ tort action because defendant’s counsel had filed a suggestion of death of the defendant yet plaintiff had not made any substitution of parties within 90 days. We reverse on the ground that the suggestion of death, which was neither filed by nor identified a successor or representative of the deceased, such as an executor or administrator, was ineffective to trigger the running of the 90-day period provided by the Rule.

Mr. and Mrs. John Rende filed…