Court of Appeals of North Carolina December 30, 1986, No. 8530SC1141 (Sheehan v. Harper Builders, Inc.)

PHILLIPS, Judge.

Plaintiffs only contention in regard to the order granting a new trial — that the motion which gave rise to it was not timely filed — has no foundation and we overrule it. Defendant’s motion for a new trial, made under Rule 59, N.C.