KMART OF PENNSYLVANIA L.P. v.MD MALL ASSOCIATES, LLC, TRADING AS MACDADE MALL ASSOCIATES, L.P.
No. 3371 and3501 EDA 2006 2008 PA Super 213 Atlantic: n/a Filed: 9/17/2008
Appeal from the Order Entered December 5, 2006In the Court of Common Pleas of Delaware CountyCivil at No(s): 05-684 Consolidated w/#05-4645
Before: STEVENS, KLEIN, and POPOVICH, JJ.
Opinion by: STEVENS, J.
Kmart of Pennsylvania, L.P. (“Kmart”) appeals from the orders entered in the Court of Common Pleas of Delaware County on November 6, 2006 and December 5, 2006, which granted summary judgment in favor of MD Mall Associates, LLC, trading as MacDade Mall Associates, L.P. (“MacDade”), on both Kmart’s Complaint for Declaratory Relief and MacDade’s Complaint and Counterclaim for Ejectment. We reverse and remand for proceedings consistent with this decision.
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