Solomon v. Neisner Bros.

MURPHY, District Judge.

In this diversity action plaintiff seeks compensatory and punitive damages for alleged breach of a written lease. Defendant moves to dismiss, asserting failure to state a claim upon which relief may be granted.

In the absence of anything to the contrary, we assume defendant drew the lease and that all operative facts occurred in Pennsylvania. We look to that law to determine the substantive rights and obligations of the parties 1 and to decide questions of interpretation and construction of the lease. 2 We do not write on a clean slate. We must act, in effect, as another…