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KAY INVESTMENT CO., L.L.C. v. BRODY REALTY NO. 1, L.L.C.

Docket No. 263549.

731 N.W.2d 777 (2006)

273 Mich. App. 432

KAY INVESTMENT COMPANY, L.L.C., Plaintiff-Appellee, v. BRODY REALTY No. 1, L.L.C., Defendant-Appellant, and George Brody Trust and Robert Brody, Defendants.

Court of Appeals of Michigan.

Decided December 28, 2006, at 9:15 a.m.

Released for Publication March 14, 2007.

Attorney(s) appearing for the Case

Raymond & Prokop, P.C. (by Michael M. Jacob and David S. Maquera), Southfield, for Kay Investment Company, L.L.C.

Kemp, Klein, Umphrey, Endelman & May, P.C. (by Raymond L. Morrow and Richard Bisio), Troy, for Brody Realty No. 1, L.L.C.

Before: WHITBECK, C.J., and SAAD and SCHUETTE, JJ.

SAAD, J.

Brody Realty No. 1, LLC, appeals the trial court's grant of summary disposition to Kay Investment Company, LLC. We reverse and remand for further proceedings.

I. Nature of the Case

In 1969, Robert Brody, George Brody, Joseph Kaufman, and Harold Kaufman entered into an agreement to develop and manage a shopping center in Southgate. Some of the successors to the original contracting parties now want to sell the property. They claim that the...

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