CUMBERLAND ASSOCIATES v. SCOTTO'S PIZZA

No. 8912DC287.

384 S.E.2d 34 (1989)

CUMBERLAND ASSOCIATES, Plaintiff, v. SCOTTO'S PIZZA OF NORTH CAROLINA, INC., Defendant.

Court of Appeals of North Carolina.

October 3, 1989.


Attorney(s) appearing for the Case

Rose, Ray, Winfrey & O'Connor, P.A. by Steven J. O'Connor, Fayetteville, for plaintiff-appellee.

Jones and McGlothlin by Larry J. McGlothlin, Fayetteville, for defendant-appellant.


LEWIS, Judge.

The entry of summary judgment is appropriate only "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). Summary judgment should be looked upon with favor where no genuine issue of material fact is presented. Kessing v. National Mortgage...

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