In a 10-page opinion filed last week, Common Pleas Judge Mark I. Bernstein pared all but one of the 11 counts of the civil lawsuit Olivieri filed last July against the nonprofit Reading Terminal Market Corp., its general manager Paul Steinke, and Ricardo Dunston, chairman of the nonprofit's board of directors.

Bernstein also ruled that Olivieri may not seek punitive damages: "Rick's recoverable damages are limited to the amount it reasonably spent to renovate the premises in reliance on the promise of a renewal lease before Rick's learned that its lease would not be renewed."

Bernstein has set a non-jury civil trial for June 2 on the remaining claim of Olivieri's lawsuit and Reading Terminal Market's lawsuit to force Olivieri's eviction from the historic farmers' market at 12th and Market Streets.

Rick's remains open for business in the market, pending resolution of the lawsuits.

William A. Harvey, Olivieri's attorney, was not available for comment.

Lawrence R. Woehrle, an attorney for Reading Terminal Market Corp., said the board was pleased with Bernstein's ruling: "They've always believed the allegations in the complaint are baseless."

Olivieri, 43, part of the third generation of the South Philadelphia family that claims to have invented the steak sandwich, has operated without a lease since July 31.

Market officials announced in early July that they would not renew Olivieri's lease. Instead, as part of what they described as bringing in a "fresh face," management announced it would offer the spot to Tony Luke, a South Philly restaurateur who built his name and national reputation on roast pork sandwiches.

Olivieri sued market officials, contending his ouster was retaliation for his work as president of the merchants group during protracted, thorny talks on a new master lease for the 72 merchants.

Market officials denied any retaliation, maintaining that they thought Olivieri was not interested in a new lease after he tried to reopen talks on several settled lease terms.

Luke has put himself on the sidelines, saying he will not start talks with market officials until the Olivieri dispute is resolved.

In his ruling last week, Bernstein dismissed the counts against Luke in Olivieri's lawsuit that charge the South Philly rival with "tortious and malicious interference with [Olivieri's] pursuit of a new lease."

"The complaint contains no allegation that Tony Luke's agreed to or committed any particular unlawful act," Bernstein wrote.