COMMUNITY PRESCHOOL & NURSERY v. TRI-STATE

No. 09cv0979.

717 F.Supp.2d 482 (2010)

COMMUNITY PRESCHOOL & NURSERY OF EAST LIBERTY, LLC, Plaintiff, v. TRI-STATE REALTY, INC., Defendant.

United States District Court, W.D. Pennsylvania.

May 18, 2010.


Attorney(s) appearing for the Case

John R. O'Keefe, Jr ., Michael P. Robic, II , Metz Lewis , Pittsburgh, PA, Peter H. Thomson , Lauer & Thomson, Sewickley, PA, for Plaintiff.

Gregory B. Proffitt , Bruce E. Rende , Robb Leonard Mulvihill LLP, Pittsburgh, PA, for Defendant.


MEMORANDUM OPINION RE: DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOC. NO. 54)

ARTHUR J. SCHWAB, District Judge.

I. Introduction and Background

A. Introduction

At issue in this case is what caused the fire at a building owned by defendant, the first floor of which was leased to plaintiff to use as a child-care facility, and the allocation of risks set forth in their Lease Agreement. Because the record is inconclusive as...

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