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BD. OF MANAGERS v. PARK POINT AT WHEELING

No. 1-12-3452.

48 N.E.3d 1250 (2015)

400 Ill. Dec. 810

2015 IL App (1st) 123452

BOARD OF MANAGERS OF PARK POINT AT WHEELING CONDOMINIUM ASSOCIATION, Plaintiff-Appellant, v. PARK POINT AT WHEELING, LLC, S.M. Smith and Sons, Inc. d/b/a Smith and Sons, Inc., Smith Family Construction, Inc., Hirsch and Associates, LLC, Midwest Masonry, Inc., G.W. Thiel, Inc., Vivian J. Smith, Silverline Building Products Corporation, and Thermolock Manufacturing, LLC, Defendants-Appellees.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied January 14, 2016.

Attorney(s) appearing for the Case

Jeffrey S. Youngerman , Stephen D. Sharp , and Christopher L. Gallinari , all of Flaherty & Youngerman PC, of Chicago, for appellant.

Stuart N. Rappaport , David S. Osborne , and Justin K. Seigler , all of Lindsay, Rappaport & Postel LLC, of Chicago, for appellee G.W. Thiel, Inc.

Thomas S. Flanigon , of Adler Murphy & McQuillen LLP, of Chicago, for appellee Hirsch & Associates, LLC.

Lawrence C. Jaynes , of Lawrence C. Jaynes & Associates, of Hoffman Estates, for appellee Midwest Masonry, Inc.

Paul A. Greco and Derek D. Samz , both of DiMonte & Lizak LLC, of Park Ridge, for appellees S.M. Smith and Sons, Inc., and Smith Family Construction, Inc.

Steven N. Malitz and W. Matthew Bryant , both of Arnstein & Lehr LLP, of Chicago, for appellee Park Point at Wheeling, LLC.

OPINION

¶ 1 This interlocutory appeal concerns the dismissal of claims that various parties involved in the design, construction, and sale of a condominium complex that was completed in 2004 breached the implied warranty of habitability by incorporating latent...

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