On order of the Court, the application for leave to appeal the October 25, 2007 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals. As opined by the dissenting judge in the Court of Appeals, a remand for consideration of Kirkaldy v. Rim, 478 Mich. 581,
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