FOX v. PGML, LLC

No. COA12-1257.

744 S.E.2d 483 (2013)

Cathy FOX, Plaintiff v. PGML, LLC, Marie Tomasulo, and Estate of Gary Lee Tomasulo, by and through its Executrix, Marie T. Tomasulo, Defendants.

Court of Appeals of North Carolina.

June 18, 2013.


Attorney(s) appearing for the Case

Law Offices of James Scott Farrin, by Adrienne Blocker , Greensboro, for plaintiff-appellant.

Haywood, Denny & Miller, L.L.P., Durham, by John R. Kincaid , for defendant-appellees.


CALABRIA, Judge.

Cathy Fox ("plaintiff") appeals from the trial court's order granting summary judgment in favor of PGML, LLC, and the Estate of Gary Lee Tomasulo ("Tomasulo"), by and through its executrix, Marie Tomasulo1 (collectively "defendants"). We reverse and remand.

I. Background

Defendants own a building located at 217 West Main Street in Washington, North Carolina ("the building") that is rented to tenants...

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