First Federal Savings & Loan Ass'n. v. Branch Banking & Trust Co.

BRITT, Judge.

Plaintiff contends that it was error to grant summary judgment in this action.

The case of Pridgen v. Hughes, 9 N.C. App. 635, 177 S.E. 2d 425 (1970) presents an excellent discussion of the summary judgment procedure in North Carolina. It states that the burden is on the party moving for summary judgment to establish the lack of a triable issue of fact. But if the party moving for summary judgment by affidavit or otherwise presents materials which would require a directed verdict in his favor if presented at trial, he is entitled to summary judgment unless the opposing party…