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CINCINNATI INS. CO. v. GUCCIONE

No. 2-98-1155.

719 N.E.2d 787 (1999)

308 Ill. App.3d 220

241 Ill.Dec. 658

CINCINNATI INSURANCE COMPANY, Plaintiff, v. Jim GUCCIONE, d/b/a Du Page Carpet, Defendant and Third-Party Plaintiff-Appellant (Christopher L. DeCaigny, Third-Party Defendant-Appellee).

Appellate Court of Illinois, Second District.

Rehearing Denied November 24, 1999.

Attorney(s) appearing for the Case

Paul G. Brinkman, Brinkman & Morgan, Wheaton, for Jim Guccione.

Scott L. Howie, Richard M. Waris, Robert Marc Chemers, Patrick J. Nash Jr., Pretzel & Stouffer, Chartered, Chicago, for Christopher L. DeCaigny.

Justice COLWELL delivered the opinion of the court:

Defendant and third-party plaintiff, Jim Guccione, d/b/a Du Page Carpet, appeals the trial court's grant of summary judgment in favor of third-party defendant, Christopher L. DeCaigny. He argues that (1) the existence of genuine issues of material fact precluded the grant of summary judgment; and (2) DeCaigny's motion for summary judgment was untimely according to local court rule and should not have been considered...

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