Opinion
No. 126716.
April 15, 2005.
SC: 126716, COA: 246743, Wayne CC: 01-109938-CK.
On order of the Court, the application for leave to appeal the May 18, 2004 judgment 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 and REMAND this case to the Wayne Circuit Court for further proceedings. Plaintiff's deposition testimony created a genuine issue of material fact on the question whether the heating or cooling was inadequate for 48 continuous hours or more.