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Keystone Specialty Services Co. v. Ebaug

Pennsylvania Superior Court

November 22, 2021

The Pennsylvania Superior Court affirmed an order from the Court of Common Pleas granting summary judgment in favor of the defendants in this commercial landlord-tenant dispute. But this opinion is less a lesson on landlord-tenant law and more one on legal writing. The tenant filed suit against its landlord when water damaged the tenant’s property. The Superior Court repeatedly cited the lease, which absolved the landlord of liability. But even before reaching the merits, the Court held that the tenant waived the claims. The 1925(b) statement simply alleged that the lower court “erred as a matter of law in granting the Motion for Summary Judgment.” The Superior Court held that the allegation was too vague for appellate review. And even if the tenant had preserved its claims, the lease placed liability on the tenant.

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