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IRENE MAINARDI AND WILLIAM MONTALTO v. FRANCIS MONTALTO AND DIANE CZARNESKI AND JOSEPH CZARNESKI AND CITY PHILADELPHIA APPEAL FRANCIS MONTALTO (12/23/83)

SUPERIOR COURT OF PENNSYLVANIA


December 23, 1983

IRENE MAINARDI AND WILLIAM MONTALTO
v.
FRANCIS MONTALTO AND DIANE CZARNESKI AND JOSEPH CZARNESKI AND CITY OF PHILADELPHIA; APPEAL OF: FRANCIS MONTALTO

No. 649 PHILADELPHIA, 1982, Appeal From an Order in the Court of Common Pleas, Civil Division, Philadelphia County No. 2139 May Term, 1975

Before Cercone, Cavanaugh and Wieand, JJ. Wieand, J., files a Memorandum Concurring and Dissenting Statement.

Per Curiam:

A new trial limited to the issue of damages only is awarded as to William Montalto v. Francis Montalto in all other respects the judgment below is affirmed.

WIEAND, J., files a Memorandum Concurring and Dissenting Statement.

19831223

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