News

Real Property Law – Condominium Law

Jay Zelenock
Generally, attorney fees are not recoverable by the other side in a dispute unless expressly allowed by statute, court rule, or contract. Read More

Personal Injury - Auto Accident - No Fault Insurance

Jay Zelenock
Piccione v Gillette, to be published Court of Appeals Case Number 342826, (Decided January 17, 2019) involved a three year old who broke his clavicle in an automobile accident. The parents brought a third party… Read More

Property Damage - Flood Damage – Sewer Backup – Governmental Liability – Governmental Immunity

Jay Zelenock
Murawski v City of Essexville, Unpublished Court of Appeals Case No. 341857 (Decided January 22, 2019) involved a dispute over whether there was a defect in a sewage system. The plaintiff homeowner experienced sewage… Read More

No-Fault Benefits – Michigan Insurance Law – Car Accident Law

Jay Zelenock
Auto insurers have increasingly denied or cut off PIP benefits based on allegations of fraud. However, such a denial is inappropriate unless an insured has willfully misrepresented a material fact and acted to defraud… Read More

Disability Insurance - LTD Benefits

Jay Zelenock
Disability insurance can mean either benefits through a private policy or disability payments through Social Security. For many professionals in high level occupations that means purchasing what is called an “own… Read More

Flood Damage - Governmental Liability - Governmental Immunity

Jay Zelenock
A sewage disposal event was at issue in Tschirhart v Pamar Enterprises, Inc, Unpublished Court of Appeals Case No. 336668 (Decided May 17, 2018). In Tschirhart, the Court of Appeals reversed a trial court grant of… Read More

New Office Location

Jay Zelenock
The Jay Zelenock Law Firm PLC is pleased to announce it has moved its offices to 309 East Front Street in downtown Traverse City (just east of Park Street, across from the Hardy parking deck) effective 8/27/18, where we… Read More

Real Property Law - Lake Front Property Dispute

Jay Zelenock
Plaintiffs owned property on Lake Michigan adjacent to property owned and maintained by the Defendant Association. The Association property at issue consists of a bluff that has been eroding and taking away parts of… Read More

Real Property - Tax - PRE

Jay Zelenock
A principal residence is exempt from the tax levied by a local school district for school operating purposes if an owner meets the requirements to claim a Principal Residence Exemption (“PRE”) as stated by the General… Read More

Real Property Law - Boundary Dispute

Jay Zelenock
In Wamsley v Martin, unpublished decision of the Court of Appeals, Case Number 337943 (Decided July 17, 2018) the parties disputed the ownership of 7.5 feet of bank along the Indian River (circled below). Read More

Property Damage – Insurance Claim

Jay Zelenock
A family left their Lake Michigan cottage for winter and returned in the summer to discover damage to the cottage caused in part by bats. Upon discovering the damage, the homeowners attempted to make an insurance claim,… Read More

Personal Injury - Negligence

Jay Zelenock
A 10 year old suffered burns when she stepped on the hidden coals of a beach bonfire on property owned by the Defendant Inn. At the time of the incident, the injured child was on the beach as a result of an invitation… Read More
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