In a case in which a defendant sought the recusal of the entire Montgomery County bench due to one of its members having previously worked on the case when in private practice, and allegedly while on the bench, a divided Pennsylvania Superior Court has denied the request in a four-page memorandum opinion that in substance simply adopted the trial judge’s finding.
When Montgomery County Court of Common Pleas Judge Thomas C. Branca was elected to the bench in 2001, he handed off one of his cases, Lomas v. Kravitz, to attorneys at Spector Gadon & Rosen. Branca had represented the plaintiff, Roy Lomas, who was a subcontractor seeking payment from new home construction builder James B. Kravitz and several of Kravitz’s companies. The case was being handled in Montgomery County, though not before Branca.
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