KAGAN v. WALDHEIM CEMETERY CO.

Nos. 1-13-1274, 1-13-1331, 1-13-3131.

53 N.E.3d 259 (2016)

403 Ill. Dec. 205

2016 IL App (1st) 131274

Linda S. KAGAN, on Behalf of Herself and All Persons Similarly Situated, and Elliot Samuels, Trustee of the Abe Samuels Trust and Executor of the Estate of Diane Samuels and on Behalf of Himself and All Persons Similarly Situated, Plaintiffs-Appellants, v. WALDHEIM CEMETERY COMPANY, Rosemont Park, Inc., and David Gale, Defendants (Zion Gardens, Inc., Defendant-Appellant; Bank of America, N.A., Successor to LaSalle Bank, N.A., Defendant-Appellee). Zion Gardens, Inc., Plaintiff-Appellant, v. Bank of America, N.A., Successor to LaSalle Bank, N.A., Defendant-Appellee.

Appellate Court of Illinois, First District, Sixth Division.

Rehearing Denied May 24, 2016.


Attorney(s) appearing for the Case

Jack Joseph and Sarah J. Isaacson , Chicago, for appellant Zion Gardens, Inc.

Matthew T. Hurst and Matthew T. Heffner , Susman, Heffner & Hurst, and Daniel A. Edelman , Cathleen M. Combs , James O. Laturner , and Tiffany Hardy , Edelman, Combs, Laturner & Goodwin, LLC, Chicago, for other appellants.

David A. Baker , Jared R. Cloud , and Sam P. Myler , McDermott, Will & Emery LLP, Chicago, for appellee.


OPINION

¶ 1 The plaintiffs, Linda S. Kagan and Elliot Samuels (the plaintiffs), appeal from an order of the circuit court of Cook County dismissing their second amended consolidated complaint against the defendants, Bank of America (the Bank), Waldheim Cemetery Company...

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