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MARTUSCIELLO v. JDS HOMES, INC.

No. 1-04-1495.

838 N.E.2d 9 (2005)

361 Ill. App.3d 568

297 Ill.Dec. 522

Frank MARTUSCIELLO and Lisa Martusciello, Plaintiffs-Appellants, v. JDS HOMES, INC., an Illinois Corporation; and Sundek of Illinois, Inc., an Illinois Corporation, Defendants (Larson Kramer and Associates, Ltd., an Illinois Corporation; and Peter S. Kramer, Indiv., Defendants-Appellees).

Appellate Court of Illinois, First District, First Division.

Rehearing Denied November 7, 2005.

Attorney(s) appearing for the Case

Francis J. Leyhane III, Eugene P. Sullivan, of Leyhane & Associates, Ltd., Chicago, for Appellant.

Hinshaw & Culbertson LLP, Chicago (Laurie S. Randolph, Joshua G. Vincent, Newton C. Marshall, Kimberly A. Jansen, of counsel), for Appellee.

Presiding Justice CAHILL delivered the opinion of the court:

Plaintiffs, Frank and Lisa Martusciello, appeal the dismissal of their architectural malpractice action against defendants, Larson Kramer and Associates, Ltd. (LKA), and Peter S. Kramer. The thrust of plaintiffs' case is that the general rule barring economic damages for architectural services is subject to an exception established by our supreme court in Congregation of the Passion, Holy Cross Province...

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