N.M. Stat. § 54-2A-1003
Proper plaintiff.
A derivative action may be maintained only by a person that is a partner at the time
the action is commenced and:
A. that was a partner when the conduct giving rise to the action occurred; or
B. whose status as a partner devolved upon the person by operation of law or
pursuant to the terms of the partnership agreement from a person that was a partner at
the time of the conduct.