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SULLIVAN v. SMITH

No. 8118SC515.

289 S.E.2d 870 (1982)

Daniel J. SULLIVAN and wife, Mary T. Sullivan v. K. J. SMITH, Individually and d/b/a K. J. Smith Builders & Realty, and Girrie M. Hooker, Jr.

Court of Appeals of North Carolina.

April 6, 1982.

Attorney(s) appearing for the Case

Smith, Moore, Smith, Schell & Hunter by Stephen W. Earp and Alan W. Duncan, Greensboro, for plaintiffs-appellants.

Benjamin D. Haines, Greensboro, for defendant-appellee, K. J. Smith, Individually and d/b/a K. J. Smith Builders & Realty.

WHICHARD, Judge.

Plaintiffs' sole contention is that the court erred in granting defendant Smith's motion for judgment NOV. We agree, and accordingly reverse.

A motion for judgment NOV "shall be granted if it appears that the motion for directed verdict could properly have been granted." G.S. 1A-1, Rule 50(b)(1). A directed verdict or a judgment NOV for a defendant is improper when a plaintiff's evidence, taken as true and considered in the light most favorable...

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