Maxwell v. Enterprise Leasing Co.

SURRICK, J.,

On March 28, 1989, an order was entered by this court, granting the motion of defendant, Enterprise Leasing Com*498pany, for summary judgment and dismissing plaintiffs complaint. Plaintiff has filed an appeal from that order, thus necessitating this opinion.

Pennsylvania Rule of Civil Procedure 1035 provides in pertinent part as follows:

“(a) After the pleadings are closed, but within such time as not to delay trial, any party may move for summary judgment on the pleadings and any deposition, answers to interrogatories, admissions on file and supporting affidavits.”

“(b) . . . The…