Van Poole v. Messer

MORRIS, Judge.

Summary judgment is proper only where there is no genuine issue of material fact, and the moving party is entitled to a judgment as a matter of law. Kiser v. Snyder, 17 N.C. App. 445, 194 S.E. 2d 638 (1973), cert. denied, 283 N.C. 257. The party moving for summary judgment has the burden of establishing the lack of a genuine issue of material fact, and in that regard, the papers of.the opposing party are indulgently regarded.’ Singleton v. Stewart, 280 N.C. 460, 186 S.E. 2d 400 (1972).

We are of the opinion that the trial judge committed error in entering summary judgment in…