Muschlitz Excavating, Inc. v. Gary J. Strausser Homebuilders, Inc.

BARATTA, J.,

ORDER OF COURT

And now, this day of February, 2014, upon consideration of the defendant, Gary J. Strausser Homebuilders, Inc.’s, motion for partial summary judgment, and the plaintiff, Muschlitz Excavating, Inc.’s, response thereto, it is hereby ordered that said motion is denied.

STATEMENT OF REASONS

Facts and Procedural History

On May 4, 2012, the plaintiff, Muschlitz Excavating, Inc., filed its complaint, in which it avers the following:

The defendant, Gary J. Strausser Homebuilders, Inc., hired the plaintiff to install infrastructure and sitework improvements for the defendant’s…