dissenting.
Because defendant’s affidavit is insufficient under North Carolina General Statutes, section 1A-1, Rule 56(e), I respectfully dissent. I would affirm the trial court’s entry of summary judgment in favor of plaintiff.
In pertinent part, North Carolina General Statutes, section 1A-1, Rule 56(e) requires that “[supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein.” N.C. Gen. Stat. § 56(e) (2007) (emphasis added).
It long has been the rule that inadmissible material set forth in affidavits should not be considered by the trial court when ruling on a motion for summary judgment. See Borden, Inc. v. Brower, 17 N.C. App. 249, 253, 193 S.E.2d 751, 753, rev’d on other grounds, 284 N.C. 54, 199 S.E.2d 414 (1973).
Ann Cunningham’s (“Cunningham”) affidavit states:
1. I am Ann W. Cunningham with Cunningham & Associates, a private investigation firm.
2. I am a member of the National Association of Investigative Services.
*1323. I was retained to investigate Michael Scott Cooper and Deborah Hampton Bird to determine whether they cohabited.
4. Michael Scott Cooper was observed during the months of February and March, 2007.
5. During the investigation, Michael Scott Cooper was observed at Deborah Hampton Bird’s residence for a minimum of eleven (11) consecutive nights.
6. During the investigation, Michael Scott Cooper was observed on numerous occasions driving the vehicle of Ms. Hampton Bird, and she was observed driving his vehicle on numerous occasions. He drove her vehicle to various places, including to his work. He kept the vehicle away from her home for hours, and returned to her home in business attire. She would transport her minor children in his vehicle, use it to go to the grocery store and generally use it as if it were her own.
7. During the investigation, Michael Scott Cooper was observed moving furniture and boxes into the residence of Ms. Hampton Bird.
8. During the investigation, Michael Scott Cooper’s residence in Hillsborough, NC appeared as though no one lived in the house. A rug had been rolled up in the middle of the living room floor, and furniture seemed to be absent from the house. There were two ceiling fans in boxes on the floor. A fine layer of dust could be seen on the furniture and floor. The office in the house was observed to be dusty. Plants in said residence appeared to be in need of water.
9. At his residence in Hillsborough, the mail was piled up, one stack behind another in his mailbox as if no one was regularly checking the same.
10. At Michael Scott Cooper’s residence in Hillsborough, the garbage had not been picked up. Additionally, there was no day-to-day garbage present, which would include old food, used toiletries, old mail, etc. An old pot from a plant had been discarded, but there was no day-to-day garbage in said cans.
11. I interviewed William Kennedy, Jr., living at 6400 Spyglass Road, Greensboro, NC 27410, a neighbor of Ms. Hampton Bird, and he indicated that he believed that Mr. Cooper and Ms. Bird were husband and wife, that the children present in the home *133were the children of Mr. Cooper and Ms. Bird and that they had been in the house for months. Mr. Kennedy also indicated that Mr. Cooper’s car is frequently in the garage and that he has seen the four members of the family in and out of the house, yard and driveway.
12. During the investigation, Michael Scott Cooper was observed taking Deborah Hampton Bird to dinner. They were also observed going to restaurants on numerous occasions as a family unit.
13. Michael Scott Cooper was observed to park, regularly, in Deborah Hampton Bird’s garagé.
14. Michael Scott Cooper was regularly observed assisting Ms. Bird with chores such as walking the dog, taking care of the dog, unloading the vehicle when she returned from trips, and assisting her when she returned from the grocery store.
15. On at least one occasion, Michael Scott Cooper was observed allowing workmen into the home of Ms. Bird when she was not present. He remained in the home during the entire time the workmen serviced the home and then he showed them out of the house.
In averments numbered 1, 2, 3, and 11, Cunningham clearly demonstrates her ability to establish facts and events of which she has personal knowledge within the meaning of Rule 56(e). Averments numbered 4 through 10 and 12 through 15, however, are conspicuously passive and devoid of language demonstrating Cunningham’s personal knowledge of relevant facts or events. Accordingly, and especially in view of Cunningham’s ability to attest properly to facts within her personal knowledge, I cannot join the majority’s view that it is reasonable to assume that Cunningham was the observer passively referenced in her averments.
The issue becomes whether the properly stated averments are sufficient to show a genuine issue of material fact. I would hold that they are not. Averments numbered 1 through 3 attest to Cunningham’s personal knowledge of (1) her name; (2) her place of employment; (3) her professional association; and (4) the purpose of her employment in the case sub judice, but they are wholly insufficient to establish any genuine issue of material fact. The only portion of averment number 11 that is properly admissible is that Cunningham “interviewed William Kennedy, Jr., living at 6400 Spyglass Road, Greensboro, NC 27410, a neighbor of Ms. Hampton Bird____” As with averments num*134bered 1 through 3, this admissible portion of averment number 11 is insufficient to establish a genuine issue of material fact.
Without admissible evidence set forth in defendant’s supporting affidavit demonstrating a genuine issue of material fact, plaintiff’s evidence essentially remained uncontested. North Carolina General Statutes, section 1A-1, Rule 56(e) provides that
[w]hen a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response; by affidavits or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
N.C. Gen. Stat. § 1A-1, Rule 56(e) (2007). Accordingly, I would affirm the trial court’s entry of summary judgment in plaintiff’s favor because defendant failed to demonstrate that a genuine issue of material fact exists.