ROSS v. HONIGMAN, MILLER, SCHWARTZ & COHN

Docket No. 23434.

70 Mich. App. 662 (1976)

247 N.W.2d 581

ROSS v. HONIGMAN, MILLER, SCHWARTZ & COHN

Michigan Court of Appeals.

Decided August 23, 1976.


Attorney(s) appearing for the Case

Stephen M. Losh, P.C., for plaintiff.

Honigman, Miller, Schwartz & Cohn (by Norman Hyman), defendant.

Before: QUINN, P.J., and D.F. WALSH and A.M. BACH, JJ.


Leave to appeal applied for.

QUINN, P.J.

Plaintiff's action was for misuse of judicial process. Defendant moved for accelerated judgment, GCR 1963, 116.1(5), and for summary judgment, GCR 1963, 117.2(1). From the grant of this motion and entry of judgment in favor of defendant, plaintiff appeals. We reverse.

The judgment below held that plaintiff had failed to state a claim upon which relief could be granted because the complaint failed to allege that...

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