Kmart of Pennsylvania L.P. v. MD Mall Associates, LLC

OPINION BY

STEVENS, J.:

¶ 1 Kmart of Pennsylvania, L.P. (“Kmart”) appeals from the orders entered in the Court of Common Pleas of Delaware County on November 6, 2006 and December 5, 2006, which granted summary judgment in favor of MD Mall Associates, LLC, trading as MacDade Mall Associates, L.P. (“MacDade”), on both Kmart’s Complaint for Declaratory Relief and Mac-Dade’s Complaint and Counterclaim for Ejectment. We reverse and remand for proceedings consistent with this decision.

¶ 2 This case involves a lease agreement (“Lease”) between MacDade and Kmart, and the validity of MacDade’s exercise…