Legal Opinion

Kohl v. PNC Bank National Ass'n

Superior Court of Pennsylvania

Decided October 28, 2004PublishedCited by 5 opinions

1Opinion of the CourtTodd, J.

¶ 1 J. Carl Kohl appeals the order entering judgment on the verdict following a nonjury trial in this ejectment and breach of lease action. In this case, we are asked to determine whether litigation which impairs a tenant’s possessory interests in a leasehold, brought in bad faith by a landlord, constitutes a breach of the implied covenant of quiet enjoyment in the lease. While we conclude that such litigation may constitute a breach of this covenant, we find there was insufficient evidence to support a finding of bad faith in this case. We affirm in part, reverse in part, and remand.

*25¶ 2 Kohl…

2Cases cited19 opinions

  1. Thunberg v. StrauseSupreme Court of Pennsylvania · 1996
  2. Kuiken v. GarrettSupreme Court of Iowa · 1952
  3. 2401 Pennsylvania Avenue Corp. v. Federation of Jewish AgenciesSupreme Court of Pennsylvania · 1985
  4. Weisman v. MiddletonDistrict of Columbia Court of Appeals · 1978
  5. Pollock v. MorelliSuperior Court of Pennsylvania · 1976

14 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Kohl v. PNC Bank National Ass'nSupreme Court of Pennsylvania · 2006
  2. JS PROPERTIES, LLC v. Brown & Filson, Inc.New Jersey Superior Court Appellate Division · 2006
  3. Kohl v. PNC Bank National Ass'nSupreme Court of Pennsylvania · 2006
  4. Kohl v. PNC Bank National Ass'nSuperior Court of Pennsylvania · 2004
  5. Kohl v. PNC Bank National Ass'nSupreme Court of Pennsylvania · 2006

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