Alpiser v. Eagle Pontiac-GMC-Isuzu, Inc.

JOHNSON, Judge.

Before reaching the questions raised by plaintiff, we note that defendant GMAC urges that this appeal should be dismissed because plaintiff has “fail[ed] to respond or otherwise set forth specific facts” showing a genuine issue as to whether any claim exists with respect to defendant GMAC as required by G.S. sec. 1A-1, Rule 56(e). We disagree. Plaintiffs verified complaint may serve as an “affidavit” for purposes of answering GMAC’s verified motion for summary judgment. Whitehurst v. Corey, 88 N.C. App. 746, 748, 364 S.E.2d 728, 729-30 (1988) (and cases cited therein). GMAC did…