Atkinson v. Wilkerson

CAMPBELL, Judge.

Defendant’s sole assignment of error is directed against the granting of plaintiff’s motion for partial summary judgment. Summary judgment is appropriate “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 and that any party is entitled to a judgment as a matter of law.” North Carolina Rules of Civil Procedure, G.S. 1A-1, Rule 56. Therefore, it must appear from the items submitted in support of plaintiff’s motion for partial summary judgment that…