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