Cameron-Brown Capital Corp. v. Spencer

VAUGHN, Judge.

The purpose of the summary judgment procedure provided by Rule 56 of the Rules of Civil Procedure is to ferret out those cases in which there is no genuine interest as to any material fact and in which, upon the undisputed facts, a party is entitled to judgment as a matter of law. The burden is upon the moving party to establish the lack of a triable issue of fact. Kessing v. National Mortgage Corporation, 278 N.C. 523, 180 S.E. 2d 823. The denial of a motion for summary judgment may not be based on the adverse party’s mere allegations or denials of his pleading. It must be…