Massachusetts Superior Court June 20, 1995, No. CA 945453 (Alceus v. Perrone)

Brassard, J.

Defendant, Mario Perrone (Perrone) moves to vacate the default entered against him and, further, to dismiss plaintiff, Roberson Alceus’ (Alceus) complaint. As grounds for both motions, Perrone’s counsel asserts that the action is void ab initio because Perrone died on March 24, 1992, over two years before Alceus filed his suit.