NORTHWEST MILLWORK CO. v. KOMPERDA

No. 2-01-1397.

788 N.E.2d 399 (2003)

338 Ill. App.3d 997

273 Ill.Dec. 90

NORTHWEST MILLWORK COMPANY, Plaintiff, v. Casimir J. KOMPERDA, Dawn M. Komperda, Andrew Lipowski, and St. Paul Federal Bank for Savings/Charter One Bank, Defendants (Lipowski and Associates, Inc., Third-Party Plaintiff-Appellant; Casimir J. Komperda and Dawn M. Komperda, Third-Party Defendants-Appellees; St. Paul Federal Bank for Savings/Charter One Bank, Unknown Owners, and Unknown Lien Claimants, Third-Party Defendants).

Appellate Court of Illinois, Second District.

April 15, 2003.


Attorney(s) appearing for the Case

Peter G. Swan, Emalfarb, Swan & Bain, Highland Park, for Lipowski & Associates, Inc.

Stephen B. Cohen, Michael G. Swiatek, Kelly, Olson, Michod, DeHaan & Richter, LLC, Chicago, for Casimir J., and Dawn M. Komperda.

Thomas D. Resnick, Palatine, for St. Paul Federal Bank for Savings.


Justice McLAREN delivered the opinion of the court:

Third-party plaintiff, Lipowski & Associates, Inc. (Lipowski), appeals from the dismissal of its action to foreclose on a mechanic's lien and to recover for breach of contract. On appeal, Lipowski argues that its failure to submit a sworn contractor's statement does not preclude it from pursuing a breach of contract action. We reverse and remand.

This litigation arises out of the construction of improvements...

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