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STRUEBING CONST. v. GOLUB-LAKE SHORE PL.

No. 1-94-2005.

666 N.E.2d 846 (1996)

281 Ill. App.3d 689

217 Ill.Dec. 177

STRUEBING CONSTRUCTION CO., INC., an Illinois corporation, Plaintiff-Appellee, v. GOLUB-LAKE SHORE PLACE CORP., an Illinois corporation, American National Bank and Trust Company, American National Bank and Trust Company as Trustee u/t/a dated 12/16/88 and known as Trust No. 106992, Playboy Enterprises, Inc., a Delaware corporation, Ben A. Borenstein & Co., a West Virginia corporation, Defendants-Appellants (Golub & Co.-680, an Illinois corporation, Bank Building and Equipment Corporation of America, Unknown Owners, and Unknown Lien Claimants, Defendants).

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied June 24, 1996.

Attorney(s) appearing for the Case

Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago (Alvin R. Becker, Christopher A. White, of counsel), for Appellants Golub-Lake Shore Place Corp., American National Bank and Trust Company as Trustee, Playboy Enterprises, Inc., and Ben A. Borenstein & Co.

Kathryn E. Korn of DiLeonardi & Broihier, Ltd., Des Plaines, for Appellee.

Justice THEIS delivered the opinion of the court:

This case involves a second-tier subcontractor's mechanic's lien claim against a private owner of a leasehold interest. It is undisputed that the second-tier subcontractor completed certain improvements on the subject property but never received payment for its work. Thus, the circuit court entered a judgment in favor of the lien claimant. On appeal, the defendants challenge the amount of the lien awarded. The circuit...

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