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1515 NORTH WELLS v. 1513 NORTH WELLS

No. 1-07-1881.

913 N.E.2d 1 (2009)

1515 NORTH WELLS, L.P., Plaintiff-Appellee, v. 1513 NORTH WELLS, L.L.C., and Thomas Bracken, Indiv., Defendants-Appellants. (1513 North Wells, L.L.C., Thomas Bracken, and 1515 North Wells, L.P., Counterplaintiffs-Appellants and Cross-Appellees; SP Development Corporation, Sutherland Pearsall Development Corporation, Mark Sutherland, Alex Pearsall, and Henry Pearsall, Third-Party Defendants-Appellees and Cross-Appellants).

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied July 15, 2009.

As Modified on Denial of Rehearing July 17, 2009.

Attorney(s) appearing for the Case

Robert A. Chapman of Chapman & Spingola, LLP, Chicago, IL, for Appellant.

Paul W. Carroll and Mark D. Brookstein, of Gould & Ratner LLP, Chicago, IL, for Appellee.

OPINION MODIFIED ON DENIAL OF REHEARING

Justice CAHILL delivered the modified opinion of the court:

The people and companies in this appeal and cross-appeal were part of a limited partnership formed in 1997 to build a condominium with residential and commercial space on the site of an existing building at 1515-17 North Wells Street in Chicago. A health club with the address of 1513 North Wells Street was to occupy...

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