Ronald Abdella v. State Street Realty LLC ( 2018 )

STATE OF MICHIGAN COURT OF APPEALS RONALD ABDELLA, UNPUBLISHED May 10, 2018 Plaintiff-Appellant, v No. 338081 Saginaw Circuit Court STATE STREET REALTY, LLC, and BRENDA LC No. 17-032131-CB J. MCNALLY, Defendants-Appellees.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 -1-