Zickgraf Enterprises, Inc. v. Yonce

EAGLES, Judge.

Defendants argue but one issue from the trial judge’s denial of their motion for summary judgment. They contend that summary judgment should have been granted as a matter of law because plaintiff is a first-tier subcontractor claiming rights from the owners of property through subrogation under an unlicensed general contractor.

As a general rule, an order which denies a motion for summary judgment is not appealable. Hill v. Smith, 38 N.C. App. 625, 248 S.E. 2d 455 (1978). However, in our discretion we have chosen to review the trial judge’s order because of the significance of…