NYE v. LIPTON

No. 8014SC362.

273 S.E.2d 313 (1980)

Charles B. NYE v. Howard Alan LIPTON, Administrator C. T. A. of the Estate of Robert I. Lipton, Deceased, and C. Paul Roberts.

Court of Appeals of North Carolina.

January 6, 1980.


Attorney(s) appearing for the Case

Charles B. Nye, pro se, for plaintiff-appellee.

Maxwell, Freeman, Beason & Lambe by James B. Maxwell, and Powe, Porter, Alphin & Whichard by N. A. Ciompi, Durham, for defendant-appellant Howard A. Lipton, Administrator C.T.A. of the Estate of Robert I. Lipton, Deceased.


WEBB, Judge.

At the outset we note that the plaintiff, who has the burden of proof, relies on testimonial affidavits to establish there is no genuine issue of a material fact. For a well-reasoned article on this subject, see Kidd v. Early: Summary Judgment on Testimonial Evidence in North Carolina by Rebecca Weiant Giles, 55 N.C.L.Rev. 232 (1977). Our Supreme Court has passed on the use of testimonial affidavits on motions for summary judgment in Kidd v...

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