[Download] "Gillespie v. Dewitt" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: Gillespie v. Dewitt
- Author : Court of Appeals of New York
- Release Date : January 04, 1981
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Defendants sloe assignment of error is to the trial courts granting plaintiffs motion for summary judgment. G.S. 1A-1, Rule 56(c) specifies that summary judgment should be granted "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." We need not review again the familiar standards for this motion. For a comprehensive summary of the law with respect to Rule 56 see Justice Moores opinion in Kessing v. Mortgage Corp., 278 N.C. 523, 180 S.E.2d 823 (1971). It is for us to determine whether the evidence before the trial court created a factual issue that was so essential that the party against whom it was resolved should not prevail, or if a factual issue existed of such a nature as to affect the outcome of the action, or if a factual issue existed of such a nature as to constitute a legal defense. If none of these "situations" existed, the trial courts allowance of plaintiffs motion was correct and will be affirmed.