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PODBIELNIAK v. PODBIELNIAK

Gen. No. 48,650.

38 Ill. App.2d 451 (1962)

187 N.E.2d 454

Wladzia G. Podbielniak, Plaintiff-Appellant, v. Walter J. Podbielniak, Defendant-Appellee.

Appellate Court of Illinois — First District, First Division.

Rehearing denied and opinion modified February 5, 1963.

Attorney(s) appearing for the Case

Becker, Savin & Freifeld, of Chicago (B.M. Becker, Bernard Savin, and David M. Becker, of counsel), for appellant.

Robert J. Smith, and Cecil A. Caplow, of Chicago, for appellee.

MR. JUSTICE MURPHY delivered the opinion of the court.

Plaintiff exercised a right to accelerate the maturity of the unpaid balance of $287,500 on an installment contract and confessed judgment against defendant. The judgment was opened, and leave to defend was granted defendant. Plaintiff then filed an amended complaint and, with supporting affidavits, moved for summary judgment. Defendant filed counteraffidavits,...

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