News

Summary Judgment Granted for MBK Client

 

MBK successfully secured the dismissal of a lawsuit brought by an elevator maintenance company.  In Schindler Elevator v. Lackawanna County, NO: 12-CV-2325, the Court granted MBK’s motion for summary judgment and dismissed the lawsuit with prejudice.  The Court rejected the elevator company’s argument that Lackawanna County ratified a maintenance service agreement by continuing to pay on a written contract that was not signed by any County Commissioner.   The Court adopted MBK’s arguments and ruled that strict compliance with The County Code, 16 P.S. § 1801, (i.e. requiring a signature by a county commissioner to bind the county to a contract) is mandatory and that there can be no ratification of a written agreement that does not bear the signature of a County Commissioner.  This ruling underscores the importance of requiring strict compliance with The County Code.  Daniel T. Brier, Esq. and Nicholas F. Kravitz, Esq. obtained dismissal of the lawsuit.

Order Opinion

 

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 […]

Leave a Reply

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>