GARCIA v. SAVAGE


402 Pa.Super. 324 (1991)

586 A.2d 1375

David GARCIA and Marycellis M. Garcia, Appellants, v. David J. SAVAGE t/d/b/a David J. Savage Corporation, v. PENNSYLVANIA HOUSE.

Superior Court of Pennsylvania.

Filed February 19, 1991.


Attorney(s) appearing for the Case

Robert P. Wilkison, Sunbury, for appellant.

Gregory E. Cassimatis, Harrisburg, for Savage, appellee.

Before OLSZEWSKI, BECK and HOFFMAN, JJ.


BECK, Judge:

The issue is whether summary judgment may be had where the moving party supports his motion with the deposition testimony of allegedly disinterested witnesses and the testimony of the movant himself.

We hold that proper application of the rule announced in Nanty-Glo Borough v. American Surety Co., 309 Pa. 236, 163 A. 523 (1932), forbids entry of summary judgment in these circumstances...

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