McINTYRE SQUARE ASSOCIATES v. EVANS


827 A.2d 446 (2003)

McINTYRE SQUARE ASSOCIATES v. William J. EVANS, an individual, and Garfield M. Grant, an individual v. Garfield M. Grant, an individual, Appellant, v. James A. Hengelsberg, an individual, Appellant. McIntyre Square Associates v. James A. Hengelsberg and Mildred Hengelsberg, husband and wife, Appellants. First City Company, Cross-Appellant, v. William J. Evans, an individual, and Garfield M. Grant, an individual, Cross-Appellees, v. Garfield M. Grant, Third Party Plaintiff, and James A. Hengelsberg, an individual, Third Party Defendant, First City Company, Cross-Appellant, v. James Hengelsberg and Mildred Hengelsberg, husband and wife, Cross-Appellees.

Superior Court of Pennsylvania.

Filed May 30, 2003.


Attorney(s) appearing for the Case

Christopher R. Opalinski and William B. Pentecost, Jr., Pittsburgh, for Grant and Hengelsberg.

Thomas M. Hardiman, Pittsburgh, for McIntyre Square and First City.

BEFORE: HUDOCK, TODD, and GRACI, JJ.


OPINION BY TODD, J.:

¶ 1 In these consolidated cross-appeals, we are asked to address both procedural and substantive issues in an action against sureties on a commercial lease, following the default of and confession of judgment against the tenant on the lease. The sureties appeal judgment against them and the landlord cross-appeals. We reverse and remand.

¶ 2...

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