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O'DONNELL v. HOVNANIAN ENTERPRISES, INC.

No. 2890 EDA 2010.

29 A.3d 1183 (2011)

2011 PA Super 210

Joseph O'DONNELL and Samuel Carella, On Behalf of Themselves and All Others Similarly Situated at the National at Old City Condominium, Appellants v. HOVNANIAN ENTERPRISES, INC. d/b/a K. Hovnanian Homes, K. Hovnanian at Philadelphia I, LLC, and Intech Construction, Inc., Appellees.

Superior Court of Pennsylvania.

Filed October 4, 2011.

Attorney(s) appearing for the Case

Lee Applebaum , Philadelphia, for appellants.

Gary A. Wilson , Philadelphia, for Hovnanian, appellee.

Lisa B. Apelian , Philadelphia, for Intech, participating party.

BEFORE: STEVENS, P.J., SHOGAN and ALLEN, JJ.

OPINION BY SHOGAN, J.:

Appellants, purchasers of condominiums at the National at Old City Condominium in Philadelphia ("Unit Purchasers"), appeal the order granting the preliminary objections of Appellee, Hovnanian Enterprises, Inc. ("Hovnanian"), and transferring this matter to binding arbitration.1 After careful consideration, we reverse.

The trial court set forth the facts and procedural...

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