Oliver v. Roberts

ERWIN, Judge.

The question presented for our review is whether the trial court erred in granting defendants’ motions to dismiss and for summary judgment pursuant to G.S. 1A-1, Rules 12(b)(6) and 56, of the Rules of Civil Procedure. We find that the motions were properly allowed.

We note at the outset that in granting defendants’ motions, the trial court considered, inter alia, the depositions of the parties, the plaintiffs’ amended complaint, the affidavits of plaintiffs, the affidavit of Alvin A. Goldhush, and the defendants’ interrogatories to plaintiff Craven Management, Inc., and the…