Schoenherr v. Stuart Frankel Development Co.

In this negligence and nuisance action, defendants appeal by leave granted from an opinion and order of the trial court denying their motion for summary disposition of plaintiffs negligence claim. In addition, plaintiff cross-appeals, taking issue with the trial court’s denial of summary disposition in his favor with respect to the negligence claim, as well as with the trial court’s grant of summary disposition in favor of defendants with respect to the nuisance claim. We reverse in part, affirm in part, and remand for the entry of an order granting summary disposition in favor of the…