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SINGER v. BROOKMAN

Nos. 1-89-1808, 1-89-2530.

578 N.E.2d 1 (1991)

217 Ill. App.3d 870

160 Ill.Dec. 822

David SINGER, individually and as brother and next friend of Jonathan Singer, Plaintiffs-Appellants, v. Maureen BROOKMAN, formerly known as Maureen Singer, Defendant-Appellee.

Appellate Court of Illinois, First District, Fifth Division.

Supplemented Opinion on Denial of Rehearing July 19, 1991.

Second Rehearing Denied August 19, 1991.

Attorney(s) appearing for the Case

Feldman and Halprin, Jerome Feldman and David Feldman, Chicago, for plaintiffs-appellants.

Siegan, Barbakoff & Gomberg, Steven P. Gomberg and Barbara L. Yong, Chicago, for defendant-appellee.

Justice McNULTY delivered the opinion of the court.

This appeal results from the dismissal with prejudice of plaintiffs' two-count complaint against their mother for an accounting and breach of fiduciary duty. The trial judge in the chancery proceeding dismissed the complaint under sections 2-615 and 2-619(a)(4) of the Code of Civil Procedure on the grounds of res judicata and insufficiency of the complaint to state a cause of action. (Ill.Rev.Stat.1983, ch...

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