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GATEWAY CONCRETE FORMING v. DYNAPROP XVIII

No. 1-04-2184.

826 N.E.2d 1051 (2005)

356 Ill. App.3d 806

292 Ill.Dec. 615

GATEWAY CONCRETE FORMING SYSTEMS, INC., Plaintiff-Appellant, v. DYNAPROP XVIII: STATE STREET LLC and MB Financial Bank, Defendants-Appellees (Matrix Construction Co.; Select Masonry and Concrete, Inc.; LaSalle Bank FSB; LaGrange Crane Service, Inc.; Forming Concepts, Inc.; Interstate Welding and Fabrication, Inc.; Potter Form & Tie Co.; and Unknown Owners and Nonrecord Claimants, Defendants).

Appellate Court of Illinois, First District, Fourth Division.

March 31, 2005.

Attorney(s) appearing for the Case

P. Matthew Glavin, Kathleen P. Cronin, Glavin & Associates, Ltd., Chicago, for Appellant.

Shawn E. Goodman, Werner Sabo, Sabo & Zahn, Chicago, for Appellee.

Justice THEIS delivered the opinion of the court:

Plaintiff Gateway Concrete Forming Systems, Inc. (plaintiff) appeals from the order of the circuit court of Cook County dismissing its complaint to foreclose on a mechanic's lien pursuant to section 2-619(a)(9). 735 ILCS 5/2-619(a)(9) (West 2002). The trial court ruled that plaintiff forfeited its mechanic's lien by failing to commence an action to foreclose on the lien...

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