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MUNAO v. LAGATTUTA

No. 1-96-1990.

691 N.E.2d 818 (1998)

294 Ill. App.3d 976

229 Ill.Dec. 345

Michael MUNAO and Charlene Munao, Plaintiffs and Counterdefendants-Appellees, v. Nicholas LAGATTUTA, Dennis J. Lullo, and Lullo Food Service Company, an Illinois Corporation, Defendants and Counterplaintiffs-Appellants.

Appellate Court of Illinois, First District, Third Division.

February 18, 1998.

Attorney(s) appearing for the Case

Philip J. Rock and Kevin W. Horan, Rock, Fusco, Reynolds, Crowe & Garvey, Ltd., Chicago, and John C. Vojta, Vojta & Lagattuta, P.C., Schaumburg, for Defendants and Counterplaintiffs-Appellants.

Howard M. Turner, Chicago, for Plaintiffs and Counterdefendants-Appellees.

Justice CAHILL delivered the opinion of the court:

After defendants defaulted on a note and lease, plaintiffs, Michael and Charlene Munao, sued to recover the balance owed on the note and lease. After a bench trial, the trial court ruled for plaintiffs on a deficiency claim and against defendants, Nicholas Lagattuta, Dennis J. Lullo, and Lullo Food Service Company, on their counterclaim for surplus received by plaintiffs from retention of the security. The trial court...

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