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TM RYAN CO. v. 5350 SOUTH SHORE, L.L.C.

No. 1-05-0575.

836 N.E.2d 803 (2005)

361 Ill. App.3d 352

297 Ill.Dec. 72

TM RYAN CO., an Illinois corporation, Plaintiff, v. 5350 SOUTH SHORE, L.L.C.; Cosmopolitan Bank and Trust Company, as trustee under Trust No. 30517; Lasalle Bank; Cosmopolitan Bank and Trust Company; 5350 South Shore Condominium Association; Imperial Components, Inc.; S & S Panel Sales Corporation of Illinois; Unknown Owners and Non-Record Claimants, Defendants. Hansen & Hempel Co., an Illinois corporation, Plaintiff-Counter Defendant, v. 5350 South Shore, L.L.C., an Illinois limited liability company, et al., Defendants-Counter Plaintiffs-Appellants, v. Ben A. Borenstein & Co., an Illinois corporation, Third-Party Defendant-Counter Plaintiff-Appellee, and Nicholas Architects, Inc., an Illinois corporation, and Nayyar & Nayyar International, a corporation, Third-Party Defendants.

Appellate Court of Illinois, First District, Second Division.

September 27, 2005.

Attorney(s) appearing for the Case

Lawrence M. Karlin, Weinberg Richmond LLP, Chicago, for Defendants-Counterplaintiffs-Appellants.

Alvin R. Becker, William A. Zolla II, Beermann, Swerdlove, Woloshin, Barezky, Becker, Genin & London, Chicago, for Third-Party Defendant/Counter-Plaintiff/Appellee Ben A. Borenstein Co.

Justice WOLFSON delivered the opinion of the court:

South Shore, L.L.C. (South Shore), received $115,000 from its liability insurer to pay the costs of its underlying litigation. The law firm representing South Shore says it owns an attorney's lien on $73,380 of the funds. The trial court held the lien was not perfected. The court found Ben A. Borenstein Co. (BABCO) was entitled to priority in the fund based on a prior judgment against South Shore in favor of BABCO...

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