Little v. National Service Industries, Inc.

MARTIN, Judge.

The sole issue raised by this appeal relates to the status of National’s chairlift as an “improvement to real property.” If the chairlift is considered a part of the real property, G.S. 1-50(5) bars National’s third party claim; otherwise the statute has no application. For the reasons stated herein, we affirm the judgment of the trial court.

Goforth’s motion to dismiss for failure to state a claim was converted to a Rule 56 motion for summary judgment by the trial court’s consideration of the affidavits filed in support of, and in opposition to, the motion. Stanback v. Stanback,…