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PIERNIKOWSKI v. CARDILLO

263 Pa.Super. 202 (1979)

397 A.2d 817

Gilda PIERNIKOWSKI & John Piernikowski and Susan Piernikowski, a minor by her parents and natural guardians, Gilda Piernikowski and John Piernikowski and Gilda Piernikowski and John Piernikowski in their own right and Cecelia Piatkowski, v. Nancy CARDILLO. Appeal of Susan PIERNIKOWSKI, a minor by her parents and natural guardians, Gilda Piernikowski and John Piernikowski and Gilda Piernikowski and John Piernikowski in their own right.

Superior Court of Pennsylvania.

Decided February 9, 1979.

Petition for Allowance of Appeal Denied May 3, 1979.

Attorney(s) appearing for the Case

Allen L. Feingold, Philadelphia, for appellants.

John Brian Frock, Philadelphia, for appellee.

Before WATKINS, President Judge, and JACOBS, HOFFMAN, CERCONE, PRICE, VAN der VOORT and SPAETH, JJ.

SUPPLEMENTAL OPINION

VAN der VOORT, Judge:

On October 27, 1978, this Court filed an Opinion affirming the lower court's dismissal of appellant's Motion for Judgment N.O.V. and/or a New Trial 393 A.2d 935. In affirming the lower court, we relied principally upon our finding that the appellants: (1) failed to file a written request for binding instructions in the lower court, thereby precluding our consideration of the propriety...

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