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LIN v. CITY OF CHICAGO

No. 1-93-4116.

657 N.E.2d 8 (1995)

276 Ill.App.3d 13

212 Ill.Dec. 313

Ts-Ai LIN, Plaintiff, v. CITY OF CHICAGO, Defendant and Third-Party Plaintiff-Appellant (Balbo Company, Third-Party Defendant-Appellee).

Appellate Court of Illinois, First District, Fourth Division.

October 12, 1995.

Attorney(s) appearing for the Case

Corporation Counsel, Chicago (Lawrence Rosenthal, Benna Ruth Solomon, Frederick S. Rhine, of counsel), for appellant.

Schoen & Smith, Ltd., Chicago (Thomas P. Mangan, of counsel), for appellee.

Justice SHEILA M. O'BRIEN delivered the opinion of the court:

Third-party plaintiff, the City of Chicago (City), appeals from the circuit court's dismissal of its complaint against third-party defendant, Balbo Company (Balbo), as untimely pursuant to section 2-619(5) of the Illinois Code of Civil Procedure (735 ILCS 5/2-619(5) (West 1992)). We reverse.

On December 5, 1990, plaintiff, Ts-Ai Lin, brought suit against the City for injuries allegedly caused by...

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