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RIZZO v. KRETSCHMER

No. 7 March Term 1973, Docket No. 54,200.

389 Mich. 363 (1973)

207 N.W.2d 316

RIZZO v. KRETSCHMER

Supreme Court of Michigan.

Decided May 25, 1973.

Attorney(s) appearing for the Case

Lopatin, Miller, Binders & Freedman (Michael H. Feiler, of counsel), for plaintiffs.

Sullivan, Sullivan, Ranger & Ward, for defendant Kretschmer.

Baun & Barton, for defendant Astrolfi.

Plunkett, Cooney, Rutt & Peacock (by John A. Demoss and Sarah Wildgen Sweet), for defendant Plonka.

WILLIAMS, J.

There are three issues in this case. The first is what must a defendant, on a motion for summary judgment after original pleadings, interrogatories and depositions but before trial testimony, prove to prevent a case from going to trial. The second is what data at this stage of the proceedings may enter in the proof of whether there was a "genuine issue as to any material fact" under GCR 1963, 117.2(3) and GCR...

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