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MOSIMAN v. BMW FINANCIAL SERVICES NA, INC.

No. 3-00-0723.

748 N.E.2d 313 (2001)

321 Ill. App.3d 386

254 Ill.Dec. 867

Robert D. MOSIMAN, Indiv. and on Behalf of a Class of Similarly Situated Individuals, Plaintiff-Appellant, v. BMW FINANCIAL SERVICES NA, INC., a Delaware Corporation Authorized to do Business in the State of Illinois; Joe McCarthy Olds-GMC Truck, Inc., an Illinois Corporation, d/b/a Joe McCarthy Olds, Inc., and d/b/a Joe McCarthy; and Joe McCarthy, Indiv., Defendants-Appellees.

Appellate Court of Illinois, Third District.

April 19, 2001.

Attorney(s) appearing for the Case

Steven J. Plotkin (argued), Plotkin & Plotkin, LLC, John G. Jacobs, The Jacobs Law Firm, Chtd., Chicago, Arthur G. Greenberg, Eureka, for Robert D. Mosiman.

L. Lee Smith, Westervelt, Johnson, Nicoll & Keller, Peoria, Robert J. Kriss (argued), Allan Erbsen, Michele Odorizzi, Mayer, Brown & Platt, Chicago, for BMW Financial Services NA, Inc., Joe McCarthy Olds-GMC Truck, Inc.

Justice BRESLIN delivered the opinion of the court:

PROCEDURAL HISTORY

Plaintiff Robert D. Mosiman entered into a three-year lease with defendant Joe McCarthy Olds GMC Truck, Inc. (McCarthy Olds) for a new BMW roadster. The lease was provided by defendant BMW Financial Services NA, Inc. (BMW), and assigned all right, title and interest in the vehicle to BMW.

One month later, Mosiman filed a five-count complaint individually and as a class action...

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