VILLANUEVA v. TOYOTA MOTOR SALES, U.S.A.

No. 1-05-2368.

869 N.E.2d 866 (2007)

Bernard VILLANUEVA and Lisa Villanueva, Plaintiffs-Appellants, v. TOYOTA MOTOR SALES, U.S.A., INC. and Grossinger City Autocorp, Inc., d/b/a Grossinger City Toyota, Defendants-Appellees.

Appellate Court of Illinois, First District, First Division.

May 21, 2007.


Attorney(s) appearing for the Case

A. Carl Boecherer IV, of Boecherer & Associates, LLC, Chicago, Dmitry Feofanov, of ChicagoLemonLaw.com, P.C., Dixon, for Appellant.

Swanson, Martin & Bell, LLP, Lisle (Bruce S. Terlep, David J. Riski, of counsel), for Appellee.


Justice CAHILL delivered the opinion of the court:

Bernard and Lisa Villanueva, plaintiffs, appeal from the dismissal under section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2004)) of their claim that Grossinger City Toyota (Grossinger), defendant, breached its implied warranty of merchantability by failing to honor the extended service agreement they bought when they purchased their 2004 Toyota Sienna van. We reverse and remand.

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