Terry v. Pullman Trailmobile

WELLS, Judge.

As a preliminary matter we consider whether this appeal must be dismissed as premature. The trial court’s order granting defendant’s motion for summary judgment did not certify that there was no just reason for delay, so it is not immediately appealable unless it affected a substantial right. Oestreicher v. American National Stores, Inc., 290 N.C. 118, 225 S.E. 2d 797 (1976). The trial court confined its entry of summary judgment to the issue of whether North Carolina or New York law controlled the disposition of plaintiffs action, and effectively foreclosed plaintiff from…