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FIDELITY NAT. TITLE INS. CO. v. WESTHAVEN PROPERTIES PARTNERSHIP

No. 1-06-1895.

898 N.E.2d 1051 (2007)

FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, Plaintiff-Appellant, v. WESTHAVEN PROPERTIES PARTNERSHIP, an Illinois Partnership, East Hazel Crest Properties Partnership, an Illinois Partnership, Wholesale Real Estate Services, Inc., an Illinois Corporation, Jacob L. Weglarz, Individually and as Trustee of Jacob L. Weglarz 1985 Trust Under Agreement Dated May 1, 1985, and Frank O'Hare, Defendants-Appellees.

Appellate Court of Illinois, First District, Sixth Division.

October 26, 2007.

Attorney(s) appearing for the Case

Edwin C. Thomas, III, John T. Williams, Hugh S. Balsam and Adam L. Frankel of Lord, Bissell & Brook LLP, Chicago, for appellant.

Richard J. Nogal and Sara L. Spitler of Goldstine, Skrodzki, Russian, Nemec and Hoff, Ltd., Burr Ridge, for appellees.

Presiding Justice McBRIDE delivered the opinion of the court:

Plaintiff, Fidelity National Title Insurance Company of New York, appeals from an order of the circuit court of Cook County granting summary judgment in favor of defendants, Westhaven Properties Partnership, East Hazel Crest Properties Partnership, and Jacob Weglarz, individually and as trustee of the Jacob L. Weglarz 1985 Trust Under Agreement Dated May 1, 1985, on counts II, III and XI of Fidelity's third...

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