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STAFFORD-SMITH v. INTERCONTINENTAL RIVER E.

No. 1-07-1197.

881 N.E.2d 534 (2007)

STAFFORD-SMITH, INC., Plaintiff and Counterdefendant-Appellant, v. INTERCONTINENTAL RIVER EAST, LLC, Defendant and Counterdefendant-Appellee (Max and Benny's Restaurant and Deli, Inc., and Intercontinental Real Estate Corporation, Defendants and Counterdefendants; Aumiller Youngquist, Defendant and Counterplaintiff and Third-Party Plaintiff; Anglo Irish Bank Corporation, PLC, and Unknown Owners and Non-Record Claimants, Third-Party. Defendants).

Appellate Court of Illinois, First District, Third Division.

December 19, 2007.

Attorney(s) appearing for the Case

Ronald Ryan, Ryan, Jamieson, Morris, Ryan & Smith, Kalamazoo, MI, for Plaintiff-Appellant.

Ronald Damashek, Stahl, Cowen & Crowley, LLC, Chicago, for Defendant-Appellee.

Justice THEIS delivered the opinion of the court:

Plaintiff Stafford-Smith, Inc., appeals from the order of the circuit court granting defendant Intercontinental River East, LLC's (IRE's) motion to dismiss count I of Stafford-Smith's complaint to foreclose a mechanic's lien against property now owned by IRE. On appeal, Stafford-Smith contends that the trial court erred in dismissing its complaint against IRE because IRE is an "owner" and not a "purchaser" of the premises...

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