Edwards v. Means

VAUGHN, Judge.

Summary judgment is an extreme remedy and should be awarded only where the truth is quite clear and undisputed. It is improper unless the pleadings, depositions, answers to interrogatories, admissions and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Lee v. Shor, 10 N.C. App. 231, 178 S.E. 2d 101 (1970). In the case at bar, we conclude that the pleadings and other documents relied on by the judge are insufficient to carry defendant’s burden of showing the absence of a triable issue and…