HEDRICK, Judge.
The defendant assigns as error the court's entry of summary judgment in favor of the plaintiff. Under Rule 56(c), summary judgment shall be entered "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 judgment as a matter of law." G.S. § 1A-1, Rule 56(c); Kidd v. Early,
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