LEICHTER v. EASTERN REALTY CO.


358 Pa.Super. 189 (1986)

516 A.2d 1247

Dorothy LEICHTER, Executrix of the Estate of Leonard Leichter, Appellant, v. EASTERN REALTY COMPANY, Acme Markets, Inc., Strouse, Greenberg and Company, Cameo Stores, Inc., Peck & Peck Company, F.W. Woolworth, Paramount Photo Service, Inc., Philadelphia Savings Fund Society, Successor to Western Savings Fund Society, Dry Goods, Doubleday and Company, Evans Drug, Inc., Edison Pennsylvania Stores, Inc., Conston, Inc., Halpern's Junior Debs, Inc., Classic Linen & Bath, Inc., Rose Shafer Candies, Inc., Fidelity Bank, Jean Madeline, Inc., Shawnee Penn of Bala Cynwyd, Inc. and the Florsheim Shoe Store Co. of Neshaminy, Appellees. Dorothy LEICHTER, Executrix of Leonard Leichter, Appellee, v. EASTERN REALTY COMPANY and Acme Market, Inc. and Strouse, Greenberg and Company and F.W. Woolworth Company and Philadelphia Savings Fund Society and Fidelity Bank and Peck & Peck Company and Associated Dry Goods Corporation t/a Lord and Taylor and Horn and Hardart Baking Company and Doubleday and Company, Inc. and R.L.W., Inc. and Blairs of Pa. Inc. and Shawnee Penn of Bala Cynwyd, and Paramount Photo Service, Inc. and Record Museum Inc. and Diamond Boys Shops Inc. and Paris Linen and Decorating Shops, Inc. and Rose Shaefer Candies, Inc. and Jean Madeline, Inc. and the Florsheim Shoe Store Co. of Bala Cynwyd, Halpren's Junior Debs, Inc. and Classic Linen and Bath, Inc. and Bala Parkway, Ltd. d/b/a Diamonds Men's Wear and Warnaco, Inc. and Gus Mayer Stores, Inc. and Cameo Stores, Inc. and Evans Drug, Inc. and Edison Pennsylvania Stores, Inc. and S & H Shoe Store, Inc. and Conston, Inc. Appeal of ACME MARKETS, INC.

Supreme Court of Pennsylvania.

Filed October 31, 1986.


Attorney(s) appearing for the Case

Clifford E. Haines, Philadelphia, for appellant and appellee.

John J. O'Brien, West Chester, for appellant and appellees.

Richard A. Kolb, Philadelphia, for Strouse, appellee. Brendan Mailey, Philadelphia, for Cameo, appellee.

Before McEWEN, OLSZEWSKI and KELLY, JJ.


McEWEN, Judge:

We here consider cross appeals from an order which granted the motion of Acme Markets, Inc. (hereinafter referred to as appellee) for a new trial following a verdict in favor of Dorothy Leichter, Executrix of the Estate of Leonard Leichter (hereinafter referred to as appellant). We affirm.

The facts underlying this appeal are aptly summarized in the opinion of the court en banc which considered the post-verdict motions:

Plaintiff brought...

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