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DERBABIAN v. S & C SNOWPLOWING, INC.

Docket No. 216024.

644 N.W.2d 779 (2002)

249 Mich. App. 695

Robyn DERBABIAN and John Derbabian, Plaintiff-Appellees, v. Mariner's Pointe Associates Limited Partnership, Defendant/Third-Party Plaintiff, and S & C SNOWPLOWING, INC., Defendant/Third-Party Defendant-Appellant.

Court of Appeals of Michigan.

Decided February 12, 2002, at 9:00 a.m.

Released for Publication May 14, 2002.

Attorney(s) appearing for the Case

Law Offices of Samuel I. Bernstein (by Leonard E. Miller), Farmington Hills, for the plaintiffs.

Kallas & Henk, P.C. (by Scott L. Feuer), Bloomfield Hills, for the defendant.

Before: WHITE, P.J., and WILDER and ZAHRA, JJ.

WILDER, J.

In this premises liability action, defendant S & C Snowplowing, Inc., appeals as of right trial court orders denying defendant summary disposition and entering judgment in favor of plaintiffs Robyn and John Derbabian.1 We reverse the judgment in favor of plaintiff and remand for entry of judgment in favor of defendant pursuant to MCR 2.116(C)(10).

I. Facts and Proceedings

A. The Contract

During...

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