Hillgartner v. Port Authority

FRIEDMAN, T,

INTRODUCTION

Plaintiffs appeal the order of this court dated January 26,2006, sustaining defendants’ preliminary objections and dismissing plaintiffs’ action, with prejudice. Plaintiffs raise two issues on appeal in their statement of matters complained of on appeal:(1) whether the court considered matters dehors the record when ruling that the action was untimely; and(2) whether the court erroneously concluded that a prior pending federal action barred the prosecution of this case in state court.

DISCUSSION

Defendant had filed its “preliminary objections to complaint raising issues…