MERMELSTEIN v. ROTHNER

No. 1-03-2891.

812 N.E.2d 461 (2004)

349 Ill.App.3d 800

285 Ill.Dec. 641

Marvin MERMELSTEIN, Individually and Derivatively as a Shareholder on Behalf of Preferred Enteral Systems, Inc., Plaintiff-Appellee, v. Eric ROTHNER, Marc Siebzener, Noah Wolff, and Meyer Magence, Defendants (Preferred Enteral Systems, Inc., Defendant-Appellant.)

Appellate Court of Illinois, First District, Sixth Division.

June 18, 2004.


Attorney(s) appearing for the Case

(James K. Genden, of counsel), of Torshen, Slobig, Genden, Dragutinovich & Axel, Ltd., Chicago, for Plaintiff-Appellee.

Warren Lupel, Michael Weininger, Jonathan L. Loew, of Weinberg Richmond LLP, Chicago, for Defendant-Appellant.


Justice TULLY delivered the opinion of the court:

This appeal calls upon us to clarify the interaction of two sections of the Limitations Act (the Act) (735 ILCS 5/13-101 et seq. (West 2002)). Following protracted litigation between the parties, the trial court granted a directed verdict in favor of defendant Preferred Enteral Systems, Inc. (Preferred). At that point, Preferred voluntarily dismissed its counterclaim against plaintiff, Marvin Mermelstein. Plaintiff...

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