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Weekly Caselaw Updates

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Jenkins v. Robertson

The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that…

Jenkins v. Robertson
Pennsylvania Superior Court

The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that the tenant had “no right… Continue reading Jenkins v. Robertson

Sullivan v. Max Spann Real Estate & Auction Co.
New Jersey Supreme Court

The New Jersey Superior Court affirmed the opinion of the Appellate Division, holding that New Jersey State Bar Ass’n v. New Jersey Ass’n of Realtor Boards does not prohibit an auction house from providing a contract for sale without a three-day attorney review period. The issue arose when someone bought the property at an auction,… Continue reading Sullivan v. Max Spann Real Estate & Auction Co.

Trinidad v. Pa. Dep’t of Transp.
Pennsylvania Commonwealth Court

The Pennsylvania Commonwealth Court found two errors in the Court of Common Pleas order in this condemnation matter. The Department of Transportation condemned a property and paid the condemnees just compensation, though they refused to leave. The DOT filed a motion with the lower court seeking to quiet title and issue a writ of possession.… Continue reading Trinidad v. Pa. Dep’t of Transp.

LSF8 Master Participation Trust v. Petrosky
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the lower court’s order, which denied the lender’s petition to set aside a sheriff’s sale in this mortgage foreclosure action. Three parcels of land were at issue; the parcels are contiguous and owned by the defendants. One parcel contained the defendants’ home, and the other two were vacant and landlocked.… Continue reading LSF8 Master Participation Trust v. Petrosky

Altoona First Saving Bank v. Twp. of Logan
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court vacated an order of the Court of Common Pleas which had grated partial summary judgement in favor of Altoona First Savings Bank in the bank’s declaratory judgment action against a municipality and real estate developers. The trial court concluded the bank was not obligated to complete… Continue reading Altoona First Saving Bank v. Twp. of Logan

Pearlstein v. Commonwealth
Pennsylvania Commonwealth Court

An en banc panel of the Pennsylvania Commonwealth Court issued a critical opinion for attorneys who advise clients regarding real estate sales. The Court affirmed the Board of Finance and Revenue, which held that a partnership should be assessed Personal Income Tax from the net gains from like-kind exchanges of real property, commonly called “1031… Continue reading Pearlstein v. Commonwealth

Slomowitz v. Kessler
Pennsylvania Superior Court

Three men formed three partnerships to own and operate Section 8 apartment buildings. The partner who was primarily responsible for the management of the properties died. The remaining two could not decide who was in charge. This litigation ensued. First, the Pennsylvania Superior Court ruled that one partner violated the partnership agreement by acting unbusinesslike… Continue reading Slomowitz v. Kessler

Keystone Specialty Services Co. v. Ebaug
Pennsylvania Superior Court

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.… Continue reading Keystone Specialty Services Co. v. Ebaug

Patel v. Kandola Real Estate
Pennsylvania Superior Court

The Pennsylvania Superior Court ruled that Appellant did not justifiably rely on representations made by Appellees. Appellee prepared a one-and-a-half-page prospectus that said a truck stop complex contained a “super volume” gas station and a “high volume” convenience store. The prospectus also made representations as to the complex’s approximate gross and net yearly income. Appellant subsequently… Continue reading Patel v. Kandola Real Estate

Kravitz v. Murphy
New Jersey Appellate Division

The Appellate Division ruled that Governor Murphy acted within the scope of his powers when he issued Executive Order 128. That order permitted New Jersey residential tenants to use their security deposits to pay rent during the COVID-19 pandemic.