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PARKWAY BANK AND TRUST CO. v. MESELJEVIC

No. 1-09-3396.

940 N.E.2d 215 (2010)

PARKWAY BANK AND TRUST COMPANY, Plaintiff and Counterdefendant-Appellee, v. Haso MESELJEVIC, Individually; Samel Meseljevic, Individually; Albin Meseljevic, Individually; 1633 Farwell Ave. LLC., an Illinois Limited Liability Company; Benz Kitchens; The Board of Managers of 1633 Farwell Ave. LLC Condominium; Unknown Owners and Record Claimants, Defendants and Counterdefendants (Beta Electric, Inc., Defendant and Counterplaintiff-Appellant).

Appellate Court of Illinois, First District, Second Division.

December 7, 2010.

Attorney(s) appearing for the Case

Law Offices of Andjelko Galic, of Chicago ( Andjelko Galic , of counsel), for Appellant.

Scott & Kraus, LLC, of Chicago ( Eugene S. Kraus , Jason R. Sleezer and Blair W. Lazarus , of counsel), for Appellee.

Justice KARNEZIS delivered the opinion of the court:

Plaintiff Parkway Bank and Trust Company (Parkway) filed an action in chancery court for foreclosure of a construction mortgage and sale of the underlying real property. One of the defendants, Beta Electric, Inc. (Beta), filed a counterclaim asserting the priority of its mechanic's lien on the property over Parkway's mortgage. The court granted judgment on the pleadings to Parkway on the counterclaim and denied...

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