Shook Builders Supply Co. v. Eastern Associates, Inc.

ARNOLD, Judge.

Rule 56(c) of the North Carolina Rules of Civil Procedure provides in part that summary judgment shall issue “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show' that there is no genuine issue as to any material fact ánd'that any party is entitled to a judgment as a matter of law.” The moving party has the burden of showing that there is no triable issue of fact. For this reason his papers “are carefully scrutinized.” 6 Moore, Federal Practice § 56.15[8] (2d ed. 1971). See Koontz v. City of Winston-Salem,…