WATER TOWER REALTY CO. v. FORDHAM 25

No. 1-09-2943.

936 N.E.2d 1127 (2010)

WATER TOWER REALTY COMPANY, an Illinois Corporation; and Chicago Title and Trust Company, as Trustee under Trust Agreement No. 1098384, and Not Individually, as Owner of 5-13 E. Superior, and as Trustee under Trust No. 1098385, and Not Individually, as Owner of 42 E. Superior, Plaintiffs-Appellants, v. FORDHAM 25 E. SUPERIOR, L.L.C., a Delaware Limited Liability Company; Fordham/ICD Superior, L.L.C., a Delaware Limited Liability Company, its Sole Member; Fordham Superior Management, L.L.C., a Delaware Limited Liability Company, Managing Member; and The Fordham Company, an Illinois Corporation, Managing Member, Defendants-Appellees.

Appellate Court of Illinois, First District, Third Division.

September 29, 2010.


Attorney(s) appearing for the Case

Zane D. Smith & Associates, Ltd., Chicago ( Zane D. Smith , of counsel), Collins, Bargione & Vuckovich, Chicago ( George B. Collins , Benjamin C. Butler , of counsel), for Plaintiffs-Appellants.

Pretzel & Stouffer, Chartered, Chicago ( James J. Sipchen , Matthew J. Ligda , of counsel), for Defendants-Appellees.


Justice NEVILLE delivered the opinion of the court:

Fordham 25 E. Superior decided to construct a building on property it owned in Chicago. To obtain the consent of its neighbor, Water Tower Realty Company, Fordham 25 E. Superior agreed to indemnify Water Tower for losses Water Tower might suffer due to the construction. Five years after Fordham 25 E. Superior completed its building, Water Tower sued Fordham 25 E. Superior for breach of the indemnity agreement. The...

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