Legal Opinion · Dissent

Laurel Woods Apartments v. Roumayah

Michigan Court of Appeals

Decided July 10, 2007No. Docket 269506Published

1DissentBorrello, J.

I respectfully dissent from the majority’s conclusions that defendants were contractually bound to plaintiff in such a manner as to nullify this Court’s holding in New Hampshire Ins Group v Labombard, 155 Mich App 369; 399 NW2d 527 (1986). Additionally, I dissent because I disagree with the majority’s failure to apply the provisions of MCL 600.2956 to this case.

The trial court reached the right conclusion concerning defendants’ contractual liability by its reliance on this Court’s decision in Labombard. In Labombard, the plaintiff insurance company, as subrogee of the landlord, brought suit…

2Cases cited9 opinions

  1. Clark v. DalmanMichigan Supreme Court · 1967
  2. Meagher v. Wayne State UniversityMichigan Court of Appeals · 1997
  3. New Hampshire Insurance Group v. LabombardMichigan Court of Appeals · 1986
  4. Smiley v. CorriganMichigan Court of Appeals · 2002
  5. Johnston v. City of LivoniaMichigan Court of Appeals · 1989

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