MOSCATIELLO CONST. v. PITTSBURGH


155 Pa.Commw. 361 (1993)

625 A.2d 155

MOSCATIELLO CONSTRUCTION COMPANY, Appellant, v. CITY OF PITTSBURGH and Mackin Engineering Company.

Commonwealth Court of Pennsylvania.

Decided May 3, 1993.


Attorney(s) appearing for the Case

George M. Medved, for appellant.

J. Russell McGregor, Jr., Asst. City Sol., for appellee, City of Pittsburgh.

Thomas J. Dempsey, for appellee, Mackin Engineering Co.

Before COLINS and JAMES R. KELLEY, JJ., and KELTON, Senior Judge.


KELTON, Senior Judge.

This is an appeal by Moscatiello Construction Company (Moscatiello) from the order of the Court of Common Pleas of Allegheny County (trial court) granting summary judgment in favor of the City of Pittsburgh (City) and against Moscatiello.

The City's Motion for Summary Judgment was not presented to the trial court until a jury had been selected. On the same day, over Moscatiello's objection, the trial court considered and granted the motion...

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