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MUDUSAR BY BALOCH v. V.G. MURRAY & CO.

No. 9010SC175.

396 S.E.2d 325 (1990)

100 N.C. App. 395

Hussain MUDUSAR, an Infant who sues by and through his Guardian ad Litem, Qamar H. BALOCH, Appellant, v. V.G. MURRAY & COMPANY, INC., Appellee, v. NORTH CAROLINA STATE UNIVERSITY, Third-Party Defendant.

Court of Appeals of North Carolina.

October 2, 1990.

Attorney(s) appearing for the Case

LeBoeuf, Lamb, Leiby & MacRae by Jane Flowers Finch and Douglas J. Tate, Raleigh, for plaintiff, appellant.

Patterson, Dilthey, Clay, Cranfill, Sumner & Hartzog by Donna Renfrow Rutala, Raleigh, for defendant, appellee.

HEDRICK, Chief Judge.

Plaintiff's sole argument on appeal is that the trial court erred by allowing defendant's motion for summary judgment. He claims there was a genuine issue "as to whether V.G. Murray breached the standard of care to keep the premises fit and habitable."

It is well settled that summary judgment is appropriate only where there exists no genuine issue of material fact so that the moving party is entitled to judgment as a matter of law.

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