Massachusetts Appeals Court July 21, 2006, No. 05-P-955 (Xarras v. McLaughlin)

Doerfer, J.

Herbert Armstrong, one of the parties against whom the complaint in this case was filed in the Superior Court on February 3, 1999, had, unbeknownst to the plaintiff, died on July 4, 1998.4 There was no personal representative of Arm*800strong’s estate at the time the complaint was filed. The plaintiff became aware of the decedent’s death some months later.5

By the time James T.