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YPI 180 N. LaSALLE v. 180 N. LaSALLE II

No. 1-09-1797.

933 N.E.2d 860 (2010)

YPI 180 N. LaSALLE OWNER, LLC, a Delaware Limited Liability Company, Plaintiff-Appellant, v. 180 N. LaSALLE II, LLC, a Delaware Limited Liability Company, Defendant-Appellee.

Appellate Court of Illinois, First District, First Division.

July 19, 2010.

Attorney(s) appearing for the Case

Michael D. Sher, Athanasios Papadopoulos, Jason A. Frye, Neal, Gerber & Eisenberg LLP, Chicago, IL, for Appellant.

Robert N. Hermes, Andrew D. Shapiro, Butler, Rubin, Saltarelli & Boyd, LLP, Chicago, IL, for Appellee.

Presiding Justice HALL delivered the opinion of the court:

This appeal arises from the grant of a motion to dismiss brought under section 2-615 of the Illinois Code of Civil Procedure (Code) (735 ILCS 5/2-615 (West 2006)). The overarching issue before the court concerns the right of an assignee of a contract to rescind the contract on the ground of impossibility of performance. For the reasons that follow, we affirm.

The appeal focuses on two common-law doctrines...

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