Moscatiello Construction Co. v. City of Pittsburgh

KELTON, Senior Judge.

This is an appeal by Moscatiello Construction Company (Moscatiello) from the order of the Court of Common Pleas of Allegheny County (trial court) granting summary judgment in favor of the City of Pittsburgh (City) and against Moscatiello.

The City’s Motion for Summary Judgment was not presented to the trial court until a jury had been selected. On the same day, over Moscatiello’s objection, the trial court considered and granted the motion. The principal question on *363appeal is whether the trial court denied Moscatiello procedural due process by granting the motion without…