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Hadden v. McDermitt Apartments, LLC

Supreme Court of Michigan
Nov 19, 2010
790 N.W.2d 392 (Mich. 2010)

Opinion


790 N.W.2d 392 (Mich. 2010) Kathryn HADDEN, Plaintiff-Appellee, v. McDERMITT APARTMENTS, LLC, Defendant-Appellant. No. 140618. COA No. 286474. Supreme Court of Michigan. November 19, 2010

         Prior report: 287 Mich.App. 124, 782 N.W.2d 800.           Order

         On order of the Court, the application for leave to appeal the January 12, 2010 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court

          MARKMAN, J. (dissenting).

         The instant dispute-whether a landlord has breached his obligation to keep common areas " fit for the use intended by the parties," MCL 554.139(1)(a)-is governed by Allison v. AEW Capital Mgmt., 481 Mich. 419, 751 N.W.2d 8 (2008). I would grant leave to appeal to determine whether there are reasonable grounds, as the Court of Appeals found, for distinguishing Allison in this case.

          CORRIGAN and YOUNG, JJ., join the statement of MARKMAN, J.


Summaries of

Hadden v. McDermitt Apartments, LLC

Supreme Court of Michigan
Nov 19, 2010
790 N.W.2d 392 (Mich. 2010)
Case details for

Hadden v. McDermitt Apartments, LLC

Case Details

Full title:Kathryn HADDEN, Plaintiff-Appellee, v. McDERMITT APARTMENTS, LLC…

Court:Supreme Court of Michigan

Date published: Nov 19, 2010

Citations

790 N.W.2d 392 (Mich. 2010)