A summary judgment order in one of multiple consolidated actions can be appealed before the other actions are resolved, the Pennsylvania Supreme Court has ruled, deciding an issue that had split the state’s intermediate appellate courts.
The justices ruled Wednesday in Malanchuk v. Tsimura, reversing a Superior Court order that quashed plaintiff Ihor Malanchuk’s appeal. Malanchuk had sought review of an order granting summary judgment to one of two defendants he sued, while the case against the other defendant was ongoing.