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BEECH MOUNTAIN VACATIONS v. N.Y. FINANCIAL

No. COA03-1444.

605 S.E.2d 714 (2004)

BEECH MOUNTAIN VACATIONS, INC., Plaintiff, v. NEW YORK FINANCIAL, INC., Beech Mountain Development Construction Corporation, Defendants, v. Gary P. Eidelstein, Beech Mountain Vacations, Inc., Third-Party Defendants.

Court of Appeals of North Carolina.

December 21, 2004.

Attorney(s) appearing for the Case

Di Santi Watson Capua & Wilson, by Anthony S. di Santi, Boone, for plaintiff-appellee.

Chad F. Brown, Elkin, for defendant-appellant.

WYNN, Judge.

Defendant New York Financial, Inc. ("NY Financial") appeals from an order of the trial court granting summary judgment for Plaintiff Beech Mountain Vacations, Inc. ("Beech Mountain") and Third Party Defendant Gary P. Eidelstein ("Eidelstein") in Beech Mountain's action to quiet title to certain properties. NY Financial argues the trial court erred in concluding (1) that no material dispute of fact existed, and (2) that judgment as a matter of law was...

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