11:50 AM EST
Feb 27, 2021
Feb 27, 2021
Real Property - Michigan Condominium Act - Condominium Bylaws
Jay Zelenock
A recent Court of Appeals decision found that an Association was not permitted to bring a foreclosure action against a co-owner solely on the basis of unpaid fines. See Channel View E Condo Ass'n v. Ferguson, Unpublished… Read More
2:00 PM EST
Dec 08, 2020
Dec 08, 2020
No-Fault Insurance - Accident Law - Business Use Exclusion
Jay Zelenock
In Farm Bureau Gen Ins Co of Michigan v Hore, unpublished opinion of the Court of Appeals, issued August, 20, 2020 (Docket No. 347918), the Michigan Court of Appeals considered an issue becoming more common with the… Read More
11:26 AM EDT
Sep 02, 2020
Sep 02, 2020
Wrongful Death - Medical Malpractice - Negligence
Jay Zelenock
In this case, a rehabilitation patient suffered a respiratory emergency that resulted in his aspiration and eventual death. Subsequently, the personal representative of his estate brought an ordinary negligence action… Read More
7:27 PM EDT
Mar 10, 2020
Mar 10, 2020
Personal Injury - Motor Vehicle Accident - No Fault Insurance - Dramshop Act
Jay Zelenock
In Borkowski v Niles, Unpublished Court of Appeals Case No. 72181 (Decided January 21, 2020) the plaintiff brought a claim under the Dramshop Act as well as a third party negligence claim following an automobile accident… Read More
8:58 PM EST
Feb 10, 2020
Feb 10, 2020
Probate Estate - Probate Litigation - Estate Administration
Jay Zelenock
Under current Michigan Law, for there to be a valid will there must be a 1) writing, 2) signature by the testator (person creating the will), and 3) attestation and signature by two witnesses. MCL 700.2502(1). A will… Read More
4:37 PM EDT
Oct 25, 2019
Oct 25, 2019
No Fault Insurance – Personal Injury Law – Motor Vehicle Accidents
Jay Zelenock
In Asraeel v Farm Bureau Insurance Company, Unpublished Court of Appeals Case No. 344022 (Decided October 1, 2019) the plaintiff was a passenger in an automobile that was involved in an accident. As a result of the… Read More
3:05 PM EDT
Sep 27, 2019
Sep 27, 2019
Probate Dispute – Estate Administration
Jay Zelenock
In re Seville Estate, divorced parents both sought appointment as personal representative (executor) of their daughter’s estate after their daughter was killed in a snowplow v. moped accident. The parents did not get… Read More
4:59 PM EDT
Aug 22, 2019
Aug 22, 2019
No Fault Insurance - Personal Injury Law
Jay Zelenock
In Ellis v Bello, Unpublished Court of Appeals Case No. 342770 (Decided June 11, 2019) Ellis (the plaintiff) purchased, registered, and insured a vehicle in the state of New York. Thereafter, Ellis moved to Michigan, but… Read More
5:04 PM EDT
Jul 30, 2019
Jul 30, 2019
Personal Injury - Auto Accident - Pedestrian Accident
Jay Zelenock
A mother and her daughter were walking home from a store when they attempted to cross a road outside of crosswalk. While crossing the road, the mother was struck and killed by a car driven by defendant Cieslak. Read More
5:37 PM EDT
Jun 26, 2019
Jun 26, 2019
City Charter Amendment Upheld
Jay Zelenock
The circuit court upheld the Traverse City Charter amendment formerly known as "Proposal 3" on June 26, 2019. The court ruled that the City Charter provision requiring a "vote of the people" before the approval of any… Read More
10:23 PM EDT
Jun 07, 2019
Jun 07, 2019
Real Property Law - Easements - Neighborhood Disputes
Jay Zelenock
In Burn v Poropat, Unpublished Court of Appeals Case No. 342045 (Decided May 16, 2019) the plaintiffs sought to modify a pre-existing easement, which allowed for ingress and egress. After unsuccessfully seeking approval… Read More
4:50 PM EDT
May 29, 2019
May 29, 2019
Real Property Law - Zoning - Short Term Rentals
Jay Zelenock
In Reaume v Township of Spring Lake, to be published Court of Appeals case number 341654 (Decided May, 21, 2019), the plaintiff owned a property that she used as her primary residence for approximately 11 years. In 2015,… Read More