ARNOLD, Judge.
Defendant Broadway Fire Department, Inc. contends that the trial court erred in denying its motion for summary judgment and in granting plaintiff's motion for summary judgment. We disagree.
In reviewing an order of summary judgment it must be determined that there is no genuine issue of material fact and that judgment was appropriate as a matter of law. G.S. 1A-1, Rule 56; Oliver v. Roberts, 49 N.C. App. 311,
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