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SCHWARTZ v. CITY OF DETROIT

Docket No. 77-2516.

83 Mich. App. 590 (1978)

269 N.W.2d 237

SCHWARTZ v. CITY OF DETROIT

Michigan Court of Appeals.

Decided May 23, 1978.

Attorney(s) appearing for the Case

Lopatin, Miller, Bindes, Freedman & Bluestone (by Michael Gagleard), for plaintiff.

Sommers, Schwartz, Silver, Schwartz & Tyler, P.C. (by James S. Goulding), for defendant.

Before: T.M. BURNS, P.J., and M.F. CAVANAGH and D.C. RILEY, JJ.

PER CURIAM.

The defendant herein secured accelerated judgment on plaintiff's malpractice claim. Defendant's motion was granted on grounds of governmental immunity. The appropriate order was entered and plaintiff appeals by right.

At the outset, we note that defendant's motion for accelerated judgment on the grounds of governmental immunity should have been a motion for summary judgment. McCann v Michigan, 398 Mich. 65

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