GOLD REALTY GROUP CORP. v. KISMET CAFE

No. 1-04-3317.

832 N.E.2d 403 (2005)

358 Ill. App.3d 675

295 Ill.Dec. 252

GOLD REALTY GROUP CORPORATION, Plaintiff-Appellee, v. KISMET CAFÉ, INC., d/b/a Muskies, and Gonen Reha Arica, Defendants-Appellants.

Appellate Court of Illinois, First District, Second Division.

June 30, 2005.


Attorney(s) appearing for the Case

Peter J. Miller, Sinar Keldermans Miller & Friedman, LLC, Chicago, for Appellants.

Patrick J. Sherlock, Law Office of Patrick J. Sherlock, Chicago, for Appellee.


Justice WOLFSON delivered the opinion of the court:

The question in this case is whether a party may move for summary judgment on an issue that was not pled in that party's complaint.

The defendants leased property from the plaintiff and operated a hamburger stand until the property was destroyed by a fire. After the fire, the defendants ceased paying rent. The plaintiff filed a complaint seeking unpaid rent and possession based on the failure to pay rent...

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