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VELEZ v. AVIS RENT A CAR SYSTEM, INC.

No. 1-99-0413.

721 N.E.2d 652 (1999)

308 Ill. App.3d 923

242 Ill.Dec. 373

Louis VELEZ, Plaintiff-Appellee, v. AVIS RENT A CAR SYSTEM, INC., a Delaware corporation, Defendant-Appellant.

Appellate Court of Illinois, First District, Sixth Division.

November 12, 1999.

Attorney(s) appearing for the Case

Neal, Gerber & Eisenberg, Chicago (Michael D. Sher, John W. Guarisco, of counsel), for Appellant.

Robert F. Lisco, P.C., Chicago (Robert F. Lisco, of counsel), for Appellee.

Presiding Justice ZWICK delivered the opinion of the court:

Plaintiff, Louis Velez, filed the instant action seeking recovery for malicious prosecution based upon the institution of criminal proceedings against him by defendant, Avis Rent A Car System, Inc. (Avis). Avis brought a motion to dismiss the action pursuant to section 2-615 of the Illinois Code of Civil Procedure (735 ILCS 5/2-615 (West 1996)), asserting that plaintiff had failed to allege a "favorable termination...

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