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CAPPELLI v. YORK OPERATING CO., INC.

711 A.2d 481 (1998)

Shirley M. CAPPELLI and Jean E. Bascome and Philip Falcone and Anne Falcone, H/W, v. YORK OPERATING CO., INC. a/k/a York International Corp. and Robert Forrest and Associates and BCM Engineers, Inc. a/k/a BCM Eastern, Inc. Appeal of Philip FALCONE and Anne Falcone, Appellants. Shirley M. CAPPELLI and Jean E. Bascome and Philip Falcone and Anne Falcone, H/W, v. YORK OPERATING CO., INC. a/k/a York International Corp. and Robert Forrest and Associates and BCM Engineers, Inc. a/k/a BCM Eastern, Inc. Appeal of Jean E. BASCOME, Appellant. Shirley M. CAPPELLI and Jean E. Bascome and Philip Falcone and Anne Falcone, H/W, v. YORK OPERATING CO., INC. a/k/a York International Corp. and Robert Forrest and Associates and BCM Engineers, Inc. a/k/a BCM Eastern, Inc. Appeal of Shirley M. CAPPELLI, Appellant.

Superior Court of Pennsylvania.

Filed April 16, 1998.

Attorney(s) appearing for the Case

John A. Rothschild, Philadelphia, for Falcone.

Patrick C. Campbell, Bryn Mawr, for Bascone and Cappelli.

BCM Engineers, appellee, pro se.

Before McEWEN, President Judge, CAVANAUGH, J., CIRILLO, President Judge Emeritus, and TAMILIA, POPOVICH, JOHNSON, HUDOCK, FORD ELLIOTT and EAKIN, JJ.

FORD ELLIOTT, Judge.

Appellants, plaintiffs in the underlying negligence action, bring this appeal claiming trial court error in granting defendant BCM Engineer, Inc.'s ("BCM's") motion for summary judgment on statute of limitations grounds. We reverse.

In reviewing the grant of a motion for summary judgment, our standard of review is well settled; the trial court will be overturned only if there has been an error of law or clear abuse of discretion. First...

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