AUI Construction Group, LLC v. Vaessen, 2016 IL App (2d) 160009 wrestles with whether a massive wind turbine tower that can be removed only by detonating several bombs at a cost of over half a million dollars qualifies as a lienable property improvement or is a non-lienable trade fixture under Illinois law. The property owner …
Author Archives: PaulP
Set-off Is Counterclaim; Not Affirmative Defense – IL Court Rules in Partition Suit
Stadnyk v. Nedoshytko, 2017 IL App (1st) 152103-U views the counterclaim-versus-affirmative defense distinction through the prism of a statutory partition suit involving co-owners of a Chicago apartment building. The plaintiff sued to declare the parties’ respective ownership rights in the subject property. After the court issued a partition order finding the plaintiff and defendants had …
Bank Escapes Liability Where It Accepts Two-Party Check With Only One Indorsement – IL ND
BBCN Bank v. Sterling Fire Restoration, Ltd., 2016 WL 691784 homes in on the required showing to win a motion for judgment on the pleadings in Federal court, the scope of a general release, and the UCC section governing joint payee or “two-party” checks. The plaintiff, an assignee of a fire restorer’s claim who did …