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ELLIS v. BORISEK

No. 3-91-0075.

580 N.E.2d 899 (1991)

220 Ill. App.3d 48

162 Ill.Dec. 716

Joyce J. ELLIS, Plaintiff-Appellee, v. Alan BORISEK, Defendant-Appellant, and Jeremy S. Hrovat, Friday's of Peru, Ltd., John Ebener, individually, and d/b/a the Ninth Street Pub; and the Ninth Street Pub, Defendants.

Appellate Court of Illinois, Third District.

October 10, 1991.

Attorney(s) appearing for the Case

R.J. Lannon, Jr. (argued), Herbolsheimer, Lannon, Henson, Duncan & Reagan, LaSalle, for Alan Borisek.

Marc. A. Taxman (argued). Anesi, Ozman & Rodin, Ltd., Chicago, for Joyce J. Ellis.

Lisa Olivero, John Olivero & Associates, Peru, for Jeremy S. Hrovat, Friday's of Peru, Ltd., John Ebener and The Ninth Street Pub.

Justice GORMAN delivered the opinion of the court:

The defendant, Alan Borisek, was found liable in dram shop at a jury trial. He now appeals the trial court's denial of his motion for summary judgment. He claims that he was improperly joined after the limitations period had run and that there is no relation back because the provisions of section 2-616(d) of the Code of Civil Procedure (the Code) (Ill.Rev.Stat.1989 ch....

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