Michigan Bank v. Steensen

Opinion by

Jacobs, J.,

This is an appeal from summary judgment granted by the lower court to appellee on appellee’s motion un der Pa. R. C. P. No. 1035. We can sustain such summary judgment only “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Pa. R. C. P. No. 1035(b). In making such determination “the court must take that view of the evidence most favorable to the party against whom the…