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RYBAK v. PROVENZALE

No. 2-88-0170.

181 Ill. App.3d 884 (1989)

537 N.E.2d 1321

SPOMENKA M. RYBAK, Plaintiff and Counterdefendant-Appellant and Cross-Appellee, v. DONALD J. PROVENZALE, Defendant and Counter-plaintiff-Appellee and Cross-Appellant.

Appellate Court of Illinois — Second District.

Opinion filed April 17, 1989.

Attorney(s) appearing for the Case

Susan E. Cox, of McDermott, Will & Emery, of Chicago (Douglas C. Tibble, of counsel), for appellant.

Thomas W. Fawell, of Thomas W. Fawell & Associates, P.C., and Katten, Muchin & Zavis, both of Oak Brook (John J. Curry, Jr., of counsel), for appellee.

Affirmed in part, and reversed in part and remanded.

PRESIDING JUSTICE UNVERZAGT delivered the opinion of the court:

The plaintiff, Spomenka Rybak, a dentist, filed a four-count amended complaint in the circuit court of Du Page County against the defendant, Donald J. Provenzale, also a dentist, for breach of contract, breach of fiduciary duty, punitive damages, and conversion. Provenzale counterclaimed for breach of contract and fraud.

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