KMART OF PENNSYLVANIA, L.P. v. MD MALL ASSOCIATES, LLC

Nos. 3371 EDA 2006, 3501 EDA 2006

959 A.2d 939 (2008)

KMART OF PENNSYLVANIA L.P., Appellant v. MD MALL ASSOCIATES, LLC, Trading as MacDade Mall Associates, L.P., Appellee. Kmart of Pennsylvania L.P., Appellant v. MD Mall Associates, LLC, Trading as MacDade Mall Associates, L.P., Appellee.

Superior Court of Pennsylvania.

Filed September 17, 2008.

Reargument Denied November 20, 2008.


Attorney(s) appearing for the Case

Stephen Novack, Chicago, IL, and Murray S. Eckell, Media, for appellant.

Michael P. Coughlin, Blue Bell, for appellee.

BEFORE: STEVENS, KLEIN, and POPOVICH, JJ.


OPINION BY STEVENS, J.:

¶ 1 Kmart of Pennsylvania, L.P. ("Kmart") appeals from the orders entered in the Court of Common Pleas of Delaware County on November 6, 2006 and December 5, 2006, which granted summary judgment in favor of MD Mall Associates, LLC, trading as MacDade Mall Associates, L.P. ("MacDade"), on both Kmart's Complaint for Declaratory Relief and MacDade's Complaint and Counterclaim for Ejectment. We reverse and remand for proceedings consistent...

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