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MBK Obtains Dismissal of Lawsuit Seeking to Hold Residential Tenants Responsible for Damage Done by Home Invasion

 

In a case of first impression in Luzerne County, Pennsylvania, the Court of Common Pleas ruled that tenants cannot be held contractually liable under a lease agreement for damages done to a leased premise as a result of the criminal conduct of unidentified unknown third parties.  In Waltman v. Brace, NO: 12579 of 2014 (C.P. Luzerne County June 8, 2015), the landlord Plaintiff brought suit against, inter alia, two of three tenants alleging that they should be held contractually liable for purported damage done to a home as a result of a criminal home invasion.  Nicholas F. Kravitz, Esq. of Myers, Brier & Kelly, LLP obtained dismissal of the lawsuit on behalf of all Defendants.  The Court adopted all of the arguments set forth by the Defendants recognizing that “[t]o hold Defendant’s liable for a criminal acts of third parties defies logic and has no legal justification.” 

News Coverage Citizens Voice (6/13/2015)

Opinion and Order

Myers, Brier and Kelly LLP.

Partner Nick joined MBK in 2008 as a member of the litigation team after completing a clerkship with the Honorable Vito P. Geroulo, Court of Common Pleas of Lackawanna County.  Since 2008, Nick has represented clients in complex litigation in federal and state trial courts and in appeals before the Pennsylvania Supreme Court, the Commonwealth […]

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