MCCRACKEN v. DETROIT

Docket No. 294218.

806 N.W.2d 337 (2011)

291 Mich. App. 522

McCRACKEN v. CITY OF DETROIT.

Court of Appeals of Michigan.

Decided February 8, 2011, at 9:00 a.m.


Attorney(s) appearing for the Case

Norman Yatooma & Associates, P.C. (by Robert S. Zawideh , Troy, and Howard Yale Lederman ), for plaintiffs.

Andrew Jarvis , Assistant Corporation Counsel, for defendants.

Before: SHAPIRO, P.J., and SAAD and KIRSTEN FRANK KELLY, JJ.


PER CURIAM.

Plaintiffs appeal as of right the trial court's order granting defendants' motion for summary disposition. The trial court found that plaintiffs had effectively "admitted" defendants' affirmative defenses when failing to specifically deny them in a timely manner, particularly after defendants had demanded a response to the affirmative defenses. We hold that affirmative defenses are not pleadings requiring a response under MCR 2.110(A) and (B). Moreover...

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