McSTOWE v. BORNSTEIN


377 Mass. 804 (1979)

388 N.E.2d 674

PHILIP J. McSTOWE vs. COLEMAN L. BORNSTEIN & another, administrators.

Supreme Judicial Court of Massachusetts, Suffolk.

April 12, 1979.


Attorney(s) appearing for the Case

W. Thomas Smith for the plaintiff.

David A. Barry for the defendants.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, WILKINS, & LIACOS, JJ.


WILKINS, J.

The plaintiff sued the representatives of the estate of an attorney, alleging that the attorney negligently had failed to commence an action on behalf of the plaintiff before the statute of limitations barred that action. The defendants moved for judgment on the pleadings (Mass. R. Civ. P. 12[c], 365 Mass. 754 [1974]) on the ground that the plaintiff's claim did not survive the death of the attorney. Concluding that he was bound by prior decisions of this...

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