Mark Hankin & Industrial v. Keystone Granite


J-A27008-21 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 MARK HANKIN & INDUSTRIAL REAL : IN THE SUPERIOR COURT OF ESTATE MANAGEMENT D/B/A : PENNSYLVANIA HANMAR ASSOCIATES, MLP : : : v. : : : KEYSTONE GRANITE & TILE, INC. : No. 2209 EDA 2020 : Appellant : Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 200701385 MARK HANKIN & INDUSTRIAL REAL : IN THE SUPERIOR COURT OF ESTATE MANAGEMENT D/B/A : PENNSYLVANIA HANMAR ASSOCIATES, MLP : : : v. : : : KEYSTONE GRANITE & TILE, INC. : No. 2212 EDA 2020 : Appellant : Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 200701385 MARK HANKIN & INDUSTRIAL REAL : IN THE SUPERIOR COURT OF ESTATE MANAGEMENT D/B/A : PENNSYLVANIA HANMAR ASSOCIATES, MLP : : Appellants : : : v. : : No. 2220 EDA 2020 : KEYSTONE GRANITE & TILE, INC. : J-A27008-21 Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 200701385 MARK HANKIN & INDUSTRIAL REAL : IN THE SUPERIOR COURT OF ESTATE MANAGEMENT D/B/A : PENNSYLVANIA HANMAR ASSOCIATES, MLP : : Appellants : : : v. : : No. 2293 EDA 2020 : KEYSTONE GRANITE & TILE, INC. : Appeal from the Order Entered October 23, 2020 In the Court of Common Pleas of Philadelphia County Civil Division at No(s): No. 200701385 BEFORE: PANELLA, P.J., DUBOW, J., and McCAFFERY, J. MEMORANDUM BY PANELLA, P.J.: FILED FEBRUARY 18, 2022 Mark Hankin & Industrial Real Estate Management d/b/a/ HanMar Associates, MLP (“HanMar”), and Keystone Granite & Tile, Inc. (“Keystone”), cross-appeal from the orders confirming the five arbitration awards entered in favor of HanMar, confirming the arbitration award of costs and fees in favor of HanMar, denying the remainder of HanMar’s petition to partially confirm and partially vacate and modify the arbitration award, and denying Keystone’s petition to partially confirm and partially vacate and modify the arbitration award. The practical effect of the trial court’s two orders was to confirm the awards in favor of HanMar, while vacating the awards in favor of Keystone but refusing to otherwise modify the arbitration award. We affirm. -2- J-A27008-21 Keystone leased warehouse space from HanMar pursuant to a 5-year lease dated November 19, 2012, that expired on February 28, 2018. The lease required Keystone to give HanMar at least one year’s notice of Keystone’s intent not to renew the lease. On October 27, 2016, Keystone provided HanMar with written notice of its intention not to renew the lease.1 ____________________________________________ 1 The relevant portion of the lease provides as follows: 25. Extensions – Renewals – CPI Escalator. A. Extensions. Lessee may terminate this Lease at the end of this term and any Renewal Term or Extension Term, by giving to Lessor written notice at least one (1) year prior thereto …; …

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