KOHL v. PNC BANK NAT. ASS'N


912 A.2d 237 (2006)

J. Carl KOHL v. PNC BANK NATIONAL ASSOCIATION, William C. Schmidt and Marilyn F. Schmidt Appeal of PNC Bank National Association.

Supreme Court of Pennsylvania.

Decided December 27, 2006.


Attorney(s) appearing for the Case

Michael J. Donohue, Scranton, for PNC Bank Nat. Ass'n, appellant.

Thomas J. Maloney, Bethlehem, for J. Carl Kohl, appellee.

William C. and Marilyn F. Schmidt, for William C. Schmidt and Marilyn F. Schmidt, appellees.

BEFORE: CAPPY, C.J., CASTILLE, NEWMAN, SAYLOR, EAKIN and BAER, JJ.


OPINION

Justice BAER.

We granted allowance of appeal in this dispute between J. Carl Kohl, a landowner ("Landowner"), and PNC Bank ("Bank"), which eventually became Landowner's tenant, to consider the test applied by the Superior Court in its determination that Landowner did not breach the implied covenant of quiet enjoyment by pursuing litigation against Bank. The Superior Court concluded that "a suit by...

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