Kaminski Bros. v. Grassi

Opinion by

Van der Voort, J.,

On March 20, 1969, plaintiff Kaminski Brothers, Inc. instituted an action in ejectment against defendant John Grassi and his wife. A default judgment was entered in favor of plaintiff on September 23,1969, but the judgment was opened by the lower court on October 4, 1970, with defendant raising the defense of adverse possession. A jury returned a verdict for defendant on April 28, 1971, but the trial judge granted plaintiff’s motion for judgment n.o.v. Pursuant to defendant’s post-trial motions, the Luzerne 'County Court en banc rendered a 3-2 opinion upholding the…