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YATES v. BARNABY'S OF NORTHBROOK

No. 1-89-2449.

578 N.E.2d 174 (1991)

218 Ill. App.3d 128

161 Ill.Dec. 47

Susan YATES, Plaintiff-Appellee, v. BARNABY'S OF NORTHBROOK a/k/a Barnaby's Family Inn a/k/a Bally's Tomfoolery, Inc., Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

July 29, 1991.

Attorney(s) appearing for the Case

Condon, Cook & Roche, Chicago (Francis J. Leyhane, III and Mary Rose C. Manczak, of counsel), for defendant-appellant.

Cantwell & Cantwell, Chicago (Peter A. Cantwell, Stephen F. Boulton and Peter A. Gaido, of counsel), for plaintiff-appellee.

Justice O'CONNOR delivered the opinion of the court:

Plaintiff's personal injury action was dismissed on April 8, 1988, on defendant's motion for sanctions when plaintiff failed to comply with discovery. (107 Ill.2d R. 219(c).) Defendant now appeals from entry of the trial court's order granting plaintiff's amended section 2-1401 petition (Ill. Rev.Stat. 1987, ch. 110, par. 2-1401) to vacate the dismissal. Defendant contends that the trial court abused its discretion...

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