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KUMAR v. BORNSTEIN

No. 2-04-0134.

820 N.E.2d 1167 (2004)

354 Ill. App.3d 159

290 Ill.Dec. 100

Shalabh KUMAR, Plaintiff-Appellant, v. Deborah H. BORNSTEIN and Gardner Carton and Douglas, Defendants-Appellees.

Appellate Court of Illinois, Second District.

Rehearing Denied January 12, 2005.

Attorney(s) appearing for the Case

David G. Susler, Carol Stream, Robert G. Black, Law Offices of Robert G. Black, Naperville, for Shalabh Kumar.

Bart T. Murphy, Daniel J. Peters, Wildman, Harrold, Allen & Dixon LLP, Lisle, for Deborah H. Bornstein, Gardner Carton, Douglas Gardner.

Justice BYRNE delivered the opinion of the court:

Plaintiff, Shalabh Kumar, appeals the order of the circuit court of Du Page County dismissing his complaint against defendants, Deborah H. Bornstein and Gardner Carton and Douglas, attorney and law firm, respectively, pursuant to section 2-615 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-615 (West 2002)). The trial court dismissed plaintiff's complaint for abuse of process because, by failing to allege an...

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