Ronald Abdella v. State Street Realty LLC

Michigan Court of Appeals

Ronald Abdella v. State Street Realty LLC

Michigan Court of Appeals·Decided May 10, 2018·No. 338081·Unpublished

Opinion

STATE OF MICHIGAN

COURT OF APPEALS

RONALD ABDELLA, UNPUBLISHED May 10, 2018 Plaintiff-Appellant,

v No. 338081 Saginaw Circuit Court STATE STREET REALTY, LLC, and BRENDA LC No. 17-032131-CB J. MCNALLY,

Defendants-Appellees.

Before: SHAPIRO, P.J., and M. J. KELLY and O’BRIEN, JJ.

SHAPIRO, P.J. (concurring).

I agree that the trial court properly granted summary disposition to defendant because plaintiff did not satisfy the contractual requirement to obtain a conventional mortgage covering the entire sale price. I write separately to note my disagreement with the majority’s conclusion that the contract did not require defendant to provide proof of the loan commitment. I would conclude that the contract implicitly included such a requirement and that defendant’s failure to provide such proof provided an alternative basis for the grant of summary disposition.

/s/ Douglas B. Shapiro

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STATE OF MICHIGAN

COURT OF APPEALS

RONALD ABDELLA, UNPUBLISHED May 10, 2018 Plaintiff-Appellant,

v No. 338081 Saginaw Circuit Court STATE STREET REALTY, LLC, and BRENDA LC No. 17-032131-CB J. MCNALLY,

Defendants-Appellees.

Before: SHAPIRO, P.J., and M. J. KELLY and O’BRIEN, JJ.

SHAPIRO, P.J. (concurring).

I agree that the trial court properly granted summary disposition to defendant because plaintiff did not satisfy the contractual requirement to obtain a conventional mortgage covering the entire sale price. I write separately to note my disagreement with the majority’s conclusion that the contract did not require defendant to provide proof of the loan commitment. I would conclude that the contract implicitly included such a requirement and that defendant’s failure to provide such proof provided an alternative basis for the grant of summary disposition.

/s/ Douglas B. Shapiro

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Ronald Abdella v. State Street Realty LLC, (Mich. Ct. App. 2018).

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