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STOPERA v. DiMARCO

Docket No. 179907.

554 N.W.2d 379 (1996)

218 Mich. App. 565

Elizabeth M. STOPERA, Plaintiff-Appellant, v. Dominic A. DiMARCO, Defendant-Appellee.

Court of Appeals of Michigan.

Decided August 30, 1996, at 9:10 a.m.

Released for Publication October 15, 1996.

Attorney(s) appearing for the Case

G. Daniel Ferrera, Dearborn, for plaintiff.

Draugelis & Ashton, L.L.P., Plymouth by Richard T. Haynes, for defendant.

Before BANDSTRA, P.J., and MARKMAN and M.D. SCHWARTZ, JJ.

BANDSTRA, Presiding Judge.

Plaintiff appeals as of right the trial court's grant of summary disposition for defendant. We reverse and remand.

Although summary disposition was requested in this case under both MCR 2.116(C)(8) and (10), it is clear from the record the motion was granted under MCR 2.116(C)(8), for failure to state a claim on which relief can be granted. A motion under MCR 2.116(C)(8) tests the legal...

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