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ZIEMBA v. MIERZWA

No. 2-89-0425.

193 Ill. App.3d 662 (1990)

549 N.E.2d 1384

JOSEPH ZIEMBA, Plaintiff-Appellant, v. KEITH MIERZWA, Defendant-Appellee (James F. Bowles et al., Defendants).

Appellate Court of Illinois — Second District.

Opinion filed February 2, 1990.

Attorney(s) appearing for the Case

Barry A. Pitler, Mark L. Spiegel, and Michael R. Booden, all of Pitler & Mandell, of Chicago, for appellant.

Glen E. Amundsen and Dennis J. Cotter, both of Querrey & Harrow, Ltd., of Waukegan, for appellee.

Reversed and remanded.

JUSTICE INGLIS delivered the opinion of the court:

Plaintiff, Joseph Ziemba, appeals the trial court's order dismissing with prejudice count III of plaintiff's first amended complaint for failure to state a cause of action against defendant, Keith Mierzwa, pursuant to section 2-615 of the Code of Civil Procedure (Ill. Rev. Stat. 1987, ch. 110, par. 2-615). On appeal, plaintiff contends that defendant, a landowner whose property abuts...

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