MINER v. FASHION ENTERPRISES, INC.

No. 1-00-3746.

794 N.E.2d 902 (2003)

342 Ill. App.3d 405

276 Ill.Dec. 652

Judith MINER, Agent of the Beneficiaries of Cosmopolitan National Bank as Trustee Under Trust No. 23421, Plaintiff-Appellant and Cross-Appellee, v. FASHION ENTERPRISES, INC., an Illinois Corporation; Sheldon Needelman; and Gary Needelman, Defendants-Appellees and Cross-Appellants.

Appellate Court of Illinois, First District, Second Division.

Rehearing Denied June 23, 2003.


Attorney(s) appearing for the Case

Miner, Barnhill & Galland (Judson H. Miner and Carolyn Shapiro, of counsel), and Law Offices of Arnold H. Landis, Chicago, for Plaintiff-Appellant and Cross-Appellee.

Canel, Davis & King, Chicago (Peter M. King, Leslie F. Notaro and Davis J. Adams, of counsel), for Defendants-Appellees and Cross-Appellants.


Presiding Justice McBRIDE delivered the opinion of the court:

Plaintiff Judith Miner, as agent of the beneficiaries of Cosmopolitan National Bank as Trustee under Trust No. 23421 (trust), appeals from an order of the circuit court of Cook County dismissing the trust's five-count second amended complaint, on the basis of res judicata, the terms of a lease, and factual insufficiency. The trust contends the trial court erred in dismissing the complaint, because...

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