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MALZEWSKI v. RAPKIN

No. 2005AP1007.

723 N.W.2d 156 (2006)

2006 WI App 183

John MALZEWSKI and Jennifer Malzewski, Plaintiffs-Appellants, v. Sheldon RAPKIN and Mae Louise Rapkin, Defendants-Respondents, Acuity, a Mutual Insurance Company, Intervening Defendant.

Court of Appeals of Wisconsin.

Opinion Filed August 8, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Rudolph J. Kuss and Daniel W. Stevens, of Law Office of Daniel W. Stevens, L.L.C., of Brookfield.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas J. Donnelly of Emile Banks & Associates, L.L.C., of Milwaukee.

Before FINE, CURLEY and KESSLER, JJ.

¶ 1 FINE, J.

John and Jennifer Malzewski appeal the trial court's grant of summary judgment dismissing their breach-of-contract, misrepresentation, and false-advertising claims against Sheldon and Mae Louise Rapkin.1 The trial court granted summary judgment to the Rapkins. We affirm the trial court's dismissal of the Malzewskis' breach-of-contract and misrepresentation claims, but reverse...

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