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Paul Porvaznik – Business Litigator

Case Notes and Summaries of Recent Cases (State and Federal Courts – Illinois Focus)

Tag Archives: partition

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 …

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Posted byPaulPMarch 7, 2018March 7, 2018Posted inReal estate litigationTags: affirmative defense, apportionment, attorneys' fees, counterclaim, fisher kanaris, partition, real estate litigation, set-off586 Comments on Set-off Is Counterclaim; Not Affirmative Defense – IL Court Rules in Partition Suit
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