Klimek v. Drzewiecki

In this case, plaintiff appeals as of right from a circuit court order granting defendant Drzewiecki’s motion for summary judgment. Defendant Drzewiecki moved for summary judgment pursuant to GCR 1963, 117.2, subds (1) and (3), and the circuit court did not specify which subrule provided the basis for its decision. However, because defendant Drzewiecki filed no affidavits or other evidence contradicting any of the allegations of fact in plaintiff’s complaint, and because the circuit court stated in its decision that it would assume for the purpose of resolving the motion that plaintiff’s…