MCR 2.116(C)(10) Standard of Review

In Quinto v. Cross & Peters Co, 451 Mich 358, 362; 547 NW2d 314 (1996), the Supreme Court of Michigan elaborated on the standard for reviewing motions for summary disposition when brought under MCR 2.116(C)(10): In presenting a motion for summary disposition, the moving party has the initial burden of supporting its position by affidavits, depositions, admissions, or other documentary evidence. The burden then shifts to the opposing party to establish that a genuine issue of disputed fact exists. Where the burden of proof at trial on a dispositive issue rests on a nonmoving party, the nonmoving party may not rely on mere allegations or denials in pleadings, but must go beyond the pleadings to set forth specific facts showing that a genuine issue of material fact exists. If the opposing party fails to present documentary evidence establishing the existence of a material factual dispute, the motion is properly granted. Id. at 362-363.