Derbabian v. S & C Snowplowing, Inc

In this premises liability action, defendant S & C Snowplowing, Inc., appeals as of right trial court orders denying defendant summary disposition and entering judgment in favor of plaintiffs Robyn and John Derbabian.1 We reverse the judgment in favor of plaintiff and remand for entry of judgment in favor of defendant pursuant to MCR 2.116(C)(10).

1. FACTS AND PROCEEDINGS

A. THE CONTRACT

During the winter of 1995-96, defendant and Mariner’s Pointe Associates Limited Partnership (Mariner’s Pointe) entered into a contract for the removal of *698snow and ice from the Mariner’s Pointe Shopping Center,…