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McCOIG MATERIALS, LLC v. GALUI CONST., INC.

Docket No. 301599.

818 N.W.2d 410 (2012)

295 Mich. App. 684

McCOIG MATERIALS, LLC v. GALUI CONSTRUCTION, INC.

Court of Appeals of Michigan.

Decided March 15, 2012, at 9:05 a.m.

Attorney(s) appearing for the Case

Finkel Whitefield Selik (by David E. Sims and Daniel G. LeVan ), Farmington Hills, for McCoig Materials, LLC.

Frasco Caponigro Wineman & Scheible, PLLC (by J. Christian Hauser , Bloomfield Hills, and Jonathan D. Ordower , Southfield), for Galui Construction, Inc., and Ohio Casualty Insurance Company.

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

PER CURIAM.

In this action alleging breach of contract, plaintiff, McCoig Materials, LLC, appeals by leave granted the trial court's order denying its second motion for summary disposition. The trial court denied this motion for summary disposition and plaintiff's motion for reconsideration, holding that defendant, Galui Construction, Inc.,1 was entitled to raise the affirmative defense of recoupment. We reverse and remand for proceedings...

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