American Federal Bank v. Grommesh

Citations

• 968 N.W.2d 164
• 2021 ND 228

Syllabus

When summary judgments are reviewed, the evidence is viewed in the light most favorable to the opposing party, giving that party the benefit of all favorable inference which can reasonably be drawn from the record. The language of a contract governs its interpretation if the language is unambiguous. Summary judgment is proper against a party who fails to make a showing sufficient to establish the existence of an element essential to the party's case and on which the party will bear the burden of proof at trial. The party asserting an avoidance or affirmative defense has the responsibility to set forth specific facts showing there is a genuine issue for trial on that defense to preclude summary judgment.