ARNOLD, Judge.
Because this case was decided on summary judgment under G.S. 1A-1, Rule 56, it is important to understand when that rule applies.
Summary judgment under G.S. 1A-1, Rule 56(c) is proper when there is "no genuine issue as to any material fact...." It is a "drastic remedy ... [that] must be used with due regard to its purposes and a cautious observance of its requirements in order that no person shall be deprived of a trial on a genuine disputed...
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