Kohl v. PNC Bank National Ass'n

OPINION

Justice BAER.

We granted allowance of appeal in this dispute between J. Carl Kohl, a landowner (“Landowner”), and PNC Bank (“Bank”), which eventually became Landowner’s tenant, to consider the test applied by the Superior Court in its determination that Landowner did not breach the implied covenant of quiet enjoyment by pursuing litigation against Bank. The Superior Court concluded that “a suit by a landlord which substantially impairs a tenant’s possessory interest in a leasehold, brought in bad faith, maliciously, or otherwise without probable cause and primarily for a purpose…