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MAERCKER POINT VILLAS ASS'N v. SZYMSKI

No. 2-95-0132.

655 N.E.2d 1192 (1995)

275 Ill.App.3d 481

211 Ill.Dec. 809

MAERCKER POINT VILLAS CONDOMINIUM ASSOCIATION, an Illinois not-for-profit corporation, Plaintiff-Appellee, v. Gregory SZYMSKI and Parkway Bank Trust Company, as Trustee, Defendants-Appellants.

Appellate Court of Illinois, Second District.

September 21, 1995.

Attorney(s) appearing for the Case

John C. North, Amy K. Belair, Borla, North & Associates, P.C., Downers Grove, for Parkway Bank & Trust Co. Trustee No. 2473 and Gregory Szymski.

Dennis R. Ainger, Jeffry J. Knuckles, Knuckles & Jagel, Naperville, for Maercker Point Villas Condo Ass'n.

Justice HUTCHINSON delivered the opinion of the court:

This appeal arises out of a lawsuit filed on July 27, 1992, by plaintiff, Maercker Point Villas Condominium Association, against developer, Parkway Bank Trust Company as Trustee under Trust No. 2473, and defendant, Gregory Szymski, for breach of fiduciary duty. Defendant admits that he is the beneficiary of the trust, is the specific individual entitled to the benefits of the trust,

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