Marszalk v. Van Volkenburg

(concurring) — Defendants Alburas were dismissed as defendants on a motion for summary judgment. The trial judge held as a matter of law that the Marszalk building project was not a partnership project of architects Van Volkenburg and Alburas. The granting of the summary judgment of dismissal was improper if there were any issues *650of fact raised in the pleadings and supporting affidavits. The nonmoving plaintiff Marszalk is entitled to any inferences from such evidence in his favor.

The sole issue involved in the subject case is whether or not the Marszalk project was a partnership project of…