KOHL v. PNC BANK NAT. ASS'N


863 A.2d 23 (2004)

J. Carl KOHL, Appellant v. PNC BANK NATIONAL ASSOCIATION, William C. Schmidt and Marilyn F. Schmidt, Appellees.

Superior Court of Pennsylvania.

Filed October 28, 2004.

Reargument Denied January 5, 2005.


Attorney(s) appearing for the Case

Thomas J. Mahoney, Bethlehem, for appellant.

Michael J. Donohue, Scranton, for appellees.

Before: DEL SOLE, President Judge, HUDOCK and TODD, JJ.


TODD, J.

¶ 1 J. Carl Kohl appeals the order entering judgment on the verdict following a nonjury trial in this ejectment and breach of lease action. In this case, we are asked to determine whether litigation which impairs a tenant's possessory interests in a leasehold, brought in bad faith by a landlord, constitutes a breach of the implied covenant of quiet enjoyment in the lease. While we conclude that such litigation may constitute a breach of this covenant...

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