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JMB PROPERTIES URBAN CO. v. PAOLUCCI

No. 3-92-0101.

604 N.E.2d 967 (1992)

237 Ill. App.3d 563

178 Ill.Dec. 444

JMB PROPERTIES URBAN COMPANY, Plaintiff-Appellant, v. Alfred L. PAOLUCCI, d/b/a Paolucci Jewelers, Defendant-Appellee Counter-Plaintiff and Counter-Defendant-Appellee (Carlyle Real Estate Limited Partnership XIV, Counter-Defendant and Counter-Plaintiff-Appellant).

Appellate Court of Illinois, Third District.

November 3, 1992.

Attorney(s) appearing for the Case

James E. Hanlon, Jr. (argued), Nemia B. Lebrilla, Katten, Muchin & Zavis, Chicago, for JMB Properties Urban Co. and Carlyle Real Estate, Limited Partnership XIV.

Charles E. Lab (argued), Shorewood, for Alfred L. Paolucci, Paolucci Jewelers.

Justice SLATER delivered the opinion of the court:

Plaintiffs, JMB Properties Urban Company (JMB) and Carlyle Real Estate Limited Partnership XIV (Carlyle), sued defendant, Alfred Paolucci, for recovery of unpaid rent and other damages resulting from defendant's breach of a commercial lease. The trial court found that defendant had been constructively evicted, and plaintiffs appeal. Because we find that defendant waived any claim of constructive eviction, we reverse...

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