Odom v. Little Rock & I-85 Corp.

BROCK, Justice.

The sole question facing this Court is the propriety of the summary judgment granted in favor of the defendant NCNB Mortgage Corporation, affirmed by the Court of Appeals at 40 N.C. App. 242, 252 S.E. 2d 217 (1979). In Page v. Sloan, 281 N.C. 697, 704, 190 S.E. 2d 189, 193 (1972) this Court held that:

“. . . . [T]he party moving for summary judgment has the burden of ‘clearly establishing the lack of any triable issue of fact by the record properly before the court. His papers are carefully scrutinized; and those of the opposing party are on the whole indulgently regarded.’…