Calesnick v. PA. BD. OF FIN. & REV.

Opinion,

Cross-motions for summary judgment are before us for disposition in this equity action brought in our original jurisdiction.

Plaintiffs are Milton A. Calesnick and Eleanor J. Calesnick. They have brought suit against the Commonwealth of Pennsylvania, State Board of Finance and Revenue (Defendant), seeking to recover monies they allege were erroneously turned over to the Defendant.

Summary judgment is available when the pleadings, depositions, answers to interrogatories, admissions on file and supporting affidavits, considered together, reveal that there is no genuine issue of fact and…