Frankel v. Arch Street Corp.

Kelley, J.,

This matter arises on defendant’s motion for judgment on. the pleadings. This case must be approached in the light of the well-established principle that a summary judgment should be entered on the pleadings only in a case that is clear and free from doubt: Dilks v. Flohr Chevrolet, 411 Pa. 425, 430 (1963); Rogoff v. Buncher Co., 395 Pa. 477, 480 (1959). It appears from the pleadings that plaintiff is the lessee of the first floor store of the premises located at 1232 Arch Street, Philadelphia, Pa. Defendant is owner and lessor of this store. Plaintiff is engaged in the business of…