Koontz v. City of Winston-Salem

BRANCH, Justice.

This Court has extensively considered the entry of summary judgment pursuant to Rule 56 of Chapter 1A-1 of the General Statutes in the cases of Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E. 2d 823, and Singleton v. Stewart, ante, 460, 186 S.E. 2d 400. We therefore briefly review the rules of law applicable to entry of summary judgment under that rule.

When there is a motion for summary judgment pursuant to Rule 56, the court may consider evidence consisting of admissions in the pleadings, depositions, answers to interrogatories, affidavits, admissions on file, oral…