NORMAN A. KOGLIN ASSOC. v. VALENZ ORO, INC.

No. 1-94-1200.

659 N.E.2d 971 (1995)

277 Ill.App.3d 142

213 Ill.Dec. 625

NORMAN A. KOGLIN ASSOCIATES, an Illinois corporation, Plaintiff-Appellee, v. VALENZ ORO, INC., LaSalle National Bank, as trustee under Trust No. 113495, JMB/Urban 900 Development Partners, and Unknown Owners, Defendants-Appellees (H.B. Barnard Company, Defendant-Appellant).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied February 2, 1996.


Attorney(s) appearing for the Case

Robert A. Filpi, Stack, Filpi & Kakacek Chtd., Chicago, for H.B. Barnard Co., defendant-appellant.

Wildman, Harrold, Allen & Dixon (Richard D. Murphy, Jr., of counsel), Chicago, for JMB/Urban 900 Development Partners and LaSalle National Bank as Trustee under Trust No. 113495, defendants-appellees.


Justice WOLFSON delivered the opinion of the court:

If it looks like a counterclaim, and reads like a counterclaim, and does the things counterclaims are supposed to do, it probably is a counterclaim. At least, it is under the facts of this lawsuit as they apply to the provisions of the Mechanics Lien Act (the Act).

The trial judge took a stricter view, holding that a general contractor who filed an answer seeking to enforce its lien, but did not file a document...

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