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RIVOTA v. KAPLAN

No. 76-53.

49 Ill. App.3d 910 (1977)

364 N.E.2d 337

MARIA RIVOTA, Indiv. and as Adm'r of the Estate of Jesus Rivota, Deceased, et al., Plaintiffs-Appellants, v. DONALD KAPLAN et al., Defendants. — (SENTRY INSURANCE, Garnishee-Defendant-Appellee.)

Appellate Court of Illinois — First District (5th Division).

Opinion filed May 20, 1977.

Attorney(s) appearing for the Case

Garbutt, Jacobson & Lee, Associated, of Chicago (Jerome J. Jacobson and Mark F. Sheridan, of counsel), for appellants.

Pretzel, Stouffer, Nolan & Rooney, Chartered, of Chicago (Joseph B. Lederleitner, of counsel), for appellee.

Reversed and remanded.

Mr. JUSTICE MEJDA delivered the opinion of the court:

This action arises from a garnishment proceeding brought by plaintiffs against garnishee-defendant, Sentry Insurance Company (Sentry), following entry of judgment against defendant, Donald Kaplan. Sentry answered the summons and affidavit for garnishment, alleging that it possessed no property belonging to the judgment debtor, and moved for summary judgment. Sentry's motion for summary...

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