Pagano v. REDEVELOPMENT AUTHORITY, ETC.

SPAETH, Judge:

This is an appeal from the denial of a motion to take off a compulsory non-suit in a trespass action. The theory of the action is that the relationship between appellee and appellants was that of landlord and tenants, and that as a landlord, appellee violated the duty of care owed to its tenants.1 The question presented is whether the lower court erred in concluding that as a matter of law appellants had failed to prove that they were tenants.

I

Appellants Virginia and Joseph Pagano and their son Arnold, lived from 1956 through 1969 in a second floor apartment at 3711 Spruce…