PINTACUDA v. ZUCKEBERG

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Supreme Court of North Carolina.

Jay T. PINTACUDA and wife Lucretia Pintacuda v. Jack ZUCKEBERG.

No. 509A03.

Decided: April 02, 2004

Roberts & Stevens, P.A., by Jacqueline D. Grant and Kenneth R. Hunt, Asheville, for plaintiffs-appellees. Van Winkle, Buck, Wall, Starnes, & Davis, P.A., by Dale A. Curriden and Vaughn S. Monroe, Asheville, for defendant-appellant.

As to the issue on direct appeal, we reverse the decision of the Court of Appeals for the reasons stated in the dissenting opinion.   Further, we conclude that the petition for discretionary review as to the additional issues was improvidently allowed.

REVERSED;  DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

PER CURIAM.