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NOVAK v. C.M.S. BUILDERS & DEVELOPERS

No. 79-1644.

83 Ill. App.3d 761 (1980)

404 N.E.2d 918

DENNIS J. NOVAK, a Minor, by Linda Novak, his Mother and Next Friend, Plaintiff-Appellant, v. C.M.S. BUILDERS & DEVELOPERS, Defendant-Appellee.

Appellate Court of Illinois — First District (2nd Division).

Rehearing denied May 29, 1980.

Attorney(s) appearing for the Case

Walter M. Ketchum, Ltd., and John C. Griffin, both of Chicago, for appellant.

Victor J. Piekarski, of Querrey, Harrow, Gulanick & Kennedy, Ltd., of Chicago, for appellee.

Reversed and remanded.

Mr. JUSTICE HARTMAN delivered the opinion of the court:

This appeal proceeds from an order striking plaintiff child trespasser's complaint and dismissing his damage action for injuries he received while playing on defendant's construction site. The issue presented for review is whether the complaint and action are predicated solely upon the "attractiveness" of the construction site or are also based

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