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PEREZ v. LEIBOWITZ

No. 1-90-3538.

576 N.E.2d 156 (1991)

215 Ill. App.3d 900

159 Ill.Dec. 487

Carmen H. PEREZ, Plaintiff-Appellee, v. David P. LEIBOWITZ, Defendant-Appellant,

Appellate Court of Illinois, First District, Fifth Division.

June 14, 1991.

Attorney(s) appearing for the Case

Donald A. Tedeschi, James M. Hoffman and Associates, Schaumburg, for defendant-appellant.

Fred I. Benjamin, Laurence M. Landsman, and Rebecca Garber (argued), Benjamin and Shapiro, Ltd., Chicago, for plaintiff-appellee.

Justice MURRAY delivered the opinion of the court:

Defendant David P. Leibowitz (Leibowitz) appeals from an order of the circuit court, granting plaintiff Carmen H. Perez (Perez) a voluntary dismissal. The issue on appeal is one of first impression, i.e., whether a voluntary dismissal may be granted, as of right, pursuant to section 2-1009(a) of the Illinois Code of Civil Procedure (Code) (Ill.Rev.Stat.1987, ch. 110, par. 2-1009(a)), after the parties have...

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