SSC v. DETROIT RETIREMENT SYS.

Docket No. 120281.

192 Mich. App. 360 (1991)

480 N.W.2d 275

SSC ASSOCIATES LIMITED PARTNERSHIP v. GENERAL RETIREMENT SYSTEM OF THE CITY OF DETROIT

Michigan Court of Appeals.

Decided December 27, 1991, at 9:45 A.M.


Attorney(s) appearing for the Case

Jaffe, Snider, Raitt & Heuer, P.C. (by Melanie LaFave), for the plaintiff.

Ronald Zajac, P.C. (by Ronald Zajac), for the defendant.

Before: REILLY, P.J., and SHEPHERD and MARILYN KELLY, JJ.


REILLY, P.J.

Defendant appeals as of right from the circuit court's order granting summary disposition to plaintiff based on no genuine issue of material fact. MCR 2.116(C)(10). We reverse.

On December 13, 1984, plaintiff executed a mortgage note for $5,500,000 payable to defendant. On October 8, 1986, it prepaid the note, defendant having determined that the amount owed was $6,007,910. Plaintiff later demanded a partial refund, alleging that defendant miscalculated...

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