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Glenbrook Leasing Co. v. Beausang

Superior Court of Pennsylvania

September 9, 2003, Argued ; December 15, 2003, Filed

NO. 3713 EDA 2002

Opinion

 [**438]  OPINION BY GRACI, J.:

 [*P1]  Appellant, Glenbrook Leasing Company ("Glenbrook") brings this timely appeal from an order of the Court of Common Pleas of Delaware County granting Appellees', Micheal F. Beausang, Esquire, and Butera, Beausang, Cohen & Brennan ("BBCB") motion for summary judgment. After careful review, we affirm.

I. FACTUAL AND PROCEDURAL HISTORY

 [*P2]  The factual and procedural history was aptly summarized by the trial court as follows:

Plaintiff Glenbrook Leasing Company (hereinafter "Glenbrook") is a real estate partnership consisting of four physicians who collectively practice as "Main Line Women's Health Care" (MLWHC). On or about October 1987, Michael F. Beausang, Jr., Esquire and his firm Butera, Beausang, Cohen & Brennan (hereinafter "BBCB") were retained by plaintiff to prepare an agreement of sale and deed in connection with plaintiff's proposed purchase of office space for medical offices at the

Radnor [***2]  House. In addition to the sale and purchase of office space, the Agreement of sale also contemplated that:

Seller shall reserve twenty-six (26) parking spaces for the sole use of Buyer, and in addition, nine (9) other parking spaces reserved for patients for the period Monday through Friday, of each day of each week from 9:00 a.m. to 5:00 p.m.

Paragraph 31, Agreement of Sale, Exhibit A to Plaintiff's Complaint .

On October 30, 1987, Glenbrook signed and executed the Agreement of Sale which included Paragraph 31. The real estate closing occurred on April 21, 1988 at which time a deed for office space was conveyed to Glenbrook. The deed was silent with respect to the parking spaces. The defendant law firm's representation of Glenbrook in the real estate transaction concluded in 1988.

A dispute arose between Glenbrook and the Radnor House Condominium Association, (hereinafter "RHCA") in 1994 regarding a restriction of Glenbrook's use of the thirty-five parking  [**439]  spaces as a result of proposed construction to be performed by RHCA. Complaint, Paragraph 10. Glenbrook objected to the temporary loss of the parking spaces as too disruptive [***3]  to the medical practice of lessee MLWHC whereupon RHCA informed Plaintiff that because Glenbrook was not the owner of the parking spaces, Glenbrook had no legal right to object to the proposed construction. Id. at Paragraph 11; see also Letter dated October 11, 1994, from counsel for RHCA to MLWHC and Glenbrook ("Our internal investigation indicates that in GLC's Agreement of Sale with Radnor House Associates, Inc. there is merely a provision reserving thirty-five (35) spaces for GLC, but there is no transfer of title.") (Certification of Rex.F. Brien in Support of Motion for Summary Judgment at Exhibit E.) On October 11, 1994, RHCA's counsel sent a letter to Glenbrook wherein he advised:

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2003 PA Super 489 *; 839 A.2d 437 **; 2003 Pa. Super. LEXIS 4526 ***

GLENBROOK LEASING COMPANY, Appelant v. MICHAEL F. BEAUSANG, JR., ESQUIRE and BUTERA, BEAUSANG, COHEN & BRENNAN, Appellees

Subsequent History: Appeal granted by, in part Glenbrook Leasing Co. v. Beausang, 582 Pa. 101, 870 A.2d 318, 2005 Pa. LEXIS 432 (Pa., 2005)

Affirmed by Glenbrook Leasing Co. v. Beausang, 584 Pa. 129, 881 A.2d 1266, 2005 Pa. LEXIS 2162 (Pa., Sept. 29, 2005)

Prior History:  [***1]  Appeal from the Order Entered October 29, 2002, In the Court of Common Pleas of Delaware County, Civil Division, No. 00-11481. Before BRADLEY, J.

Glenbrook Leasing Co. v. Beausang, 61 Pa. D. & C.4th 449, 2003 Pa. Dist. & Cnty. Dec. LEXIS 152 (2003)

Disposition: Affirmed.

CORE TERMS

trial court, statute of limitations, parking space, malpractice, summary judgment, summary judgment motion, sale agreement, concealment, deed, continued representation, discovery rule, occurrence, space, equitable tolling, condominium association, false sense of security, time-barred, discovery, argues, lulled, tolled

Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Summary Judgment Review, General Overview, Standards of Review, De Novo Review, Summary Judgment, Entitlement as Matter of Law, Genuine Disputes, Judgments, Legal Entitlement, Materiality of Facts, Burdens of Proof, Movant Persuasion & Proof, Affirmative Defenses, Statute of Limitations, Statutory Construction, Governments, Legislation, Interpretation, Time Limitations, Torts, Malpractice & Professional Liability, Attorneys, Tolling of Statute of Limitations, Mistake, Discovery Rule, Tolling, Continuous Representation, Governmental Entities, Courts, Judicial Precedent, Equitable Estoppel, Questions of Fact & Law, Reviewability of Lower Court Decisions, Preservation for Review