Rizzo v. Kretschmer

There are three issues in this case. The first is what must a defendant, on a motion *366for 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 1963, 117.3. The third issue is whether the appropriate data in this case raised a "genuine issue.”

Both defendants and plaintiffs based their arguments on whether two depositions were…