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FITZPATRICK v. CARDE LOUNGE, LTD.

No. 1-91-0960.

602 N.E.2d 19 (1992)

234 Ill. App.3d 875

176 Ill.Dec. 712

Shirley FITZPATRICK, individually and as Administrator of the Estate of Natalie Ann Hastie, Plaintiff-Appellant, v. CARDE LOUNGE, LTD., individually and d/b/a Chicago 21, Michael Rabin, individually and as Trustee of the Arthur Rabin Residuary Trust, and Irving Rabin, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied October 27, 1992.

Attorney(s) appearing for the Case

Law Offices of Donald J. Nolan, Chicago (Robert H. Mittelman, of counsel), for plaintiff-appellant.

Law Officers of Sherwin Greenberg, Chicago (Sherwin Greenberg, of counsel), for defendant-appellee Carde Lounge, Ltd., individually and d/b/a Chicago 21.

Kristin R. Maravelias, Ott & Piatt, Chicago, for defendants-appellees Michael Rabin and Irving Rabin.

Justice JOHNSON delivered the opinion of the court:

Shirley Fitzpatrick, plaintiff, appeals from an order of the circuit court of Cook County dismissing counts XI, XII and XIII of her fourth amended complaint against defendants, Carde Lounge, Ltd., d/b/a Chicago 21, Michael Rabin, and Irving Rabin pursuant to section 2-615 of the Illinois Code of Civil Procedure. (Ill.Rev.Stat. 1987, ch. 110, par. 2-615.) The trial court held that plaintiff could not maintain a common...

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