BD. OF MANAGERS OF COURTYARDS AT WOODLANDS CONDOMINIUM ASS'N v. IKO MFG., INC.

No. 1-96-2402.

681 N.E.2d 102 (1997)

288 Ill. App.3d 801

224 Ill.Dec. 120

BOARD OF MANAGERS OF THE COURTYARDS AT THE WOODLANDS CONDOMINIUM ASSOCIATION, Plaintiff, v. IKO MANUFACTURING, INC., Zale Groves, Inc., Zale Group, Inc., Zale Construction Co., Inc., Zale Enterprises, Inc., Defendants (Zale Groves, Inc., Zale Group, Inc., Zale Enterprises, Inc., Zale Construction Co., Inc., Third-Party Plaintiffs-Appellees, v. Johnston Associates Inc., Third-Party Defendant-Appellant, and Iko Chicago, Inc., W.A. Anderson Construction Co., Lenny Szarek, Inc., Prate Roofing, Inc., S.J. Nitch/Roof Brokers, Inc., and All American Roofing, Inc., Third-Party Defendant.)

Appellate Court of Illinois, First District, First Division.

June 9, 1997.


Attorney(s) appearing for the Case

Schiff, Hardin & Waite, Chicago (Ty D. Laurie, Daniel S. Brennan, of counsel), for Defendant-Appellant.

Stein, Ray & Conway, Chicago (Robert J. Harris, of counsel), for Zale Groves, Zale Group, Zale Enterprises and Zale Construction.

Kovitz, Shifrin & Waitzman, Buffalo Grove (Jeffrey S. Youngerman, C. Corey S. Berman, of counsel), for Bd. of Managers of the Courtyards.


Justice BUCKLEY delivered the opinion of the court:

This appeal arises from the trial court's denial of third-party defendant Johnston Associates, Inc.'s (Johnston) motion to compel arbitration and stay the third-party claims against it. The motion was based upon the existence of a written agreement to arbitrate. Johnston was brought into the underlying action in March 1996, as a third-party defendant by defendant developer and its affiliated entities for potential...

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