Justice RIZZI delivered the opinion of the court:
Plaintiff William J. McCormick (McCormick), appeals from an order of the circuit court of Cook County which granted defendant Thomas S. Milazzo's (Milazzo) motion to dismiss with prejudice the fourth amended count III of his second amended complaint for failure to state a cause of action. On appeal, McCormick contends that the trial court erred in dismissing count III of his complaint. We reverse and remand.
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