Cohen v. Pelagatti

BROSKY, Judge:

This is an appeal from an order sustaining preliminary objections, in the nature of a demurrer, to appellants’ counterclaims, and dismissing said counterclaims with prejudice. Appellants’ sole contention on appeal is that the trial court erred in dismissing their counterclaims, arguing that a civil conspiracy case cannot be dismissed on the basis of demurrer, even where damages claimed may exceed damages ultimately recoverable. Upon review of the record below, we now affirm.

The current litigation involves a rather complex factual and procedural history. The relevant portion of…