Dwyer v. Rothman

SPAETH, Judge:

This is an appeal from an order sustaining preliminary objections in the nature of a demurrer and dismissing an amended complaint without leave to amend. The action is against an individual and a corporation; both filed preliminary objections. The lower court dismissed the corporation’s objections, and the propriety of that order is not before us. The lower court explained its order sustaining the individual’s objections by saying that the complaint and amended complaint “reveal that he [the individual] was acting in a representative capacity . . . .” slip op. at 1. We have…