Warren v. Colombo

*94ORR, Judge.

The trial court dismissed plaintiffs claims under G.S. 1A-1, Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The test on a motion under this rule is whether the pleading is legally sufficient, and the trial court must treat the allegations of the challenged pleading as true. Azzolino v. Dingfelder, 71 N.C. App. 289, 322 S.E. 2d 567 (1984), aff’d in part, rev’d in part, 315 N.C. 103, 337 S.E. 2d 528 (1985), cert. denied, 479 U.S. 835 (1986). The legal insufficiency of a complaint may be due to the absence of law to support a claim, absence of fact to…