Gladstein v. South Square Associates

MORRIS, Chief Judge.

Plaintiff’s first assignment of error places before this Court the propriety of the trial court’s entry of summary judgment against plaintiff in this action based upon negligence. It is well settled that summary judgment is properly granted only in the absence of a genuine issue of material fact. G.S. 1A-1, Rule 56. An issue is “material” only if its resolution would prevent the party against whom it is resolved from prevailing or the fact alleged would affect the result of the action, or constitute a legal defense. The issue is “genuine” if it is supported by substantial…