DIPONIO CONSTR. CO. v. ROSATI MASONRY CO.

Docket No. 218426.

631 N.W.2d 59 (2001)

246 Mich. App. 43

DIPONIO CONSTRUCTION COMPANY, INC., Plaintiff-Appellant, v. ROSATI MASONRY COMPANY, INC., and Paolo Rosati, Defendants-Appellees.

Court of Appeals of Michigan.

Decided May 15, 2001, at 9:15 a.m.

Released for Publication July 31, 2001.


Attorney(s) appearing for the Case

Grylls, Facca, Richter & Pregler, P.C., (by Christen E. Zinn), Royal Oak, for the plaintiff.

Rosati Associates, P.C. (by A.D. Rosati), West Bloomfield, for the defendant.

Before ZAHRA, P.J., and SMOLENSKI and GAGE, JJ.


SMOLENSKI, J.

In this civil action brought under the Michigan builders' trust fund act, M.C.L. § 570.151 et seq., plaintiff appeals as of right from the trial court's order granting defendants' motion for summary disposition under MCR 2.116(C)(7). The trial court applied the three-year statute of limitations set forth in M.C.L. § 600.5805(9)1 and found that plaintiff's claim...

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