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HIRSCH v. OPTIMA, INC.

Nos. 1-08-1347, 1-08-1378.

920 N.E.2d 547 (2009)

Judith HIRSCH, Plaintiff-Appellee and Cross-Appellant, v. OPTIMA, INC., an Illinois Corporation, Defendant-Appellant and Cross-Appellee. (John H. Kelsey and Coromandel Town Home Association, Defendants).

Appellate Court of Illinois, First District, Third Division.

December 9, 2009.

Attorney(s) appearing for the Case

Clausen Miller P.C. (Edward M. Kay, Richard M. Kaplan, Joseph J. Ferrini of counsel), Chicago, IL, for Defendant-Appellant/Cross-Appellee.

Milton M. Blumenthal & Associates (Michael L. Blumenthal, David J. Piell, Milton M. Blumenthal of counsel), Chicago, IL, for Plaintiff-Appellee/Cross-Appellant.

Presiding Justice MURPHY delivered the opinion of the court:

After plaintiff, Judith Hirsch, purchased a townhouse from defendant John Kelsey in 2002, the basement flooded. On April 18, 2005, plaintiff sued Kelsey, the seller of the townhouse; Coromandel Town Home Association, the homeowner's association; and Optima, Inc., the builder. The trial court dismissed with prejudice plaintiff's case against Optima but later granted in part plaintiff's petition under section...

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