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DUBINA v. MESIROW REALTY DEVELOPMENT, INC.

No. 1-94-3118.

669 N.E.2d 694 (1996)

283 Ill. App.3d 36

218 Ill.Dec. 551

Michael DUBINA, et al., Plaintiffs, and Superior Atrium Partnership, Mesirow Real Estate Investment, Inc., Mesirow Property Funding Group III, 341 Redevelopment Limited Partnership, Fireman's Fund Insurance Companies, International Insurance Company, and Westchester Insurance Company, Plaintiffs' Assignees/Appellees, v. MESIROW REALTY DEVELOPMENT, INC., Mesirow Realty Management, Inc., American National Bank & Trust Co. of Chicago, Superior Street Redevelopment Limited Partnership, CCL of Chicago, Creative Construction, Ltd., K & S Automatic Sprinklers, Inc. and Economy Mechanical Industries, Inc., Defendants/ Counter-Defendants/Plaintiffs' Assignees/Appellees, and Litgen Concrete Cutting & Coring Co., Defendant/Counter-Plaintiff/Appellant.

Appellate Court of Illinois, First District, Second Division.

August 13, 1996.

Attorney(s) appearing for the Case

Kralovec, Marquard, Doyle, Gibbons, Chtd., Chicago (Nancy J. Arnold, John C. Doyle, William E. Spizzirri, Daniel J. Donnelly, of counsel), for Appellant Litgen Concrete Cutting.

Pretzel, Stouffer, Chtd., Chicago (Robert Marc Chemers, Edward B. Ruff III, Mark D. Roth and Scott L. Howie, of counsel), for Appellees CCL of Chicago, Creative Construction Ltd., Fireman's Fund Insurance Companies.

Menges, Mikus, Molzahn, Chicago, for Appellees Mesirow Realty Development, Inc., American National Bank & Trust Co. of Chicago, Fireman's Fund Insurance Companies, Mesirow Realty Management, Inc., Superior Street Redevelopment Limited Partnership, CCL of Chicago, Inc., Creative Construction, Ltd.

Purcell, Wardrope, Ltd., Chicago, for Appellee Economy Mechanical Industries.

Wylie, Mulherin, Rehfeldt, Varchetto, P.C., Wheaton, for Appellee K & S Automatic Sprinklers, Inc.

Michael W. Rathsack, Chicago (Michael W. Rathsack, of counsel), for Amicus Curiae.

Justice SCARIANO delivered the opinion of the court:

This case arises out of a consolidation of over thirty suits for property damage. The facts regarding the jurisdictional posture of this matter prior to appeal are undisputed. Plaintiffs and defendants, excluding defendant Litgen Concrete Cutting & Coring Co. ("Litgen") entered into settlement agreements. On June 14, 1994, Judge Robert V. Boharic issued an order granting Defendants/Counter-Defendants/Plaintiffs...

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