Macomb County Circuit Court Victory Affirmed by the Court of Appeals
DVS Law continues its successful trial court and appellate practice. Attorneys Anthony Vittiglio and Jacob Kahn were victorious in their representation of a title insurance agency against various tort claims asserted by an unpaid material supplier who sought to impose liability against the title agent. The lawsuit involved complicated interplay between the Michigan Construction Lien Act and assertions of legal duty that could not be sustained by the unpaid claimant. DVS successfully obtained summary disposition under MCR 2.116(C)(8) as to multiple counts prior to conducting discovery. Upon the close of discovery, and numerous depositions, the trial court dismissed the remaining causes of action against our client under MCR 2.116(C)(10) because no factual issue existed as to the title agent’s liability. DVS subsequently represented our client on appeal with the Michigan Court of Appeals. In an unpublished opinion, the Court of Appeals affirmed the trial court in all respects of the dismissal of claims, and remanded the case to the lower court for a determination of costs in favor of the title agent.