Order Michigan Supreme Court
Lansing, Michigan
March 9, 2011 Robert P. Young, Jr.,
Chief Justice
141724 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
SAMUEL SOLOMON, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 141724
COA: 291780
Eaton CC: 08-000797-CK
BLUE WATER VILLAGE EAST, L.L.C.,
BLUE WATER VILLAGE SOUTH, L.L.C.,
and FADY, INC.,
Defendants-Appellants.
_________________________________________/
On order of the Court, the application for leave to appeal the July 29, 2010
judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral
argument on whether to grant the application or take other peremptory action.
MCR 7.302(H)(1). At oral argument, the parties shall address whether there is a genuine
issue of material fact as to whether the alleged accumulation of ice on the concrete pad at
the base of the stairs at the leased premises in this case rendered it unfit for the use
intended by the parties. See MCL 554.139(1)(a) and Allison v AEW Capital
Management, LLP, 481 Mich 419 (2008). The parties may file supplemental briefs
within 42 days of the date of this order, but they should not submit mere restatements of
their application papers.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 9, 2011 _________________________________________
p0302 Clerk