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NATIONAL CITY MORTG. v. BERGMAN

No. 2-09-0934.

939 N.E.2d 1 (2010)

NATIONAL CITY MORTGAGE, a Division of National City Bank of Indiana, n/k/a National City Bank, Plaintiff and Counterdefendant-Appellee, v. Michael M. BERGMAN, Defendant and Counterdefendant (Enterprise Z Construction Company, Inc., Defendant and Counterplaintiff-Appellant; Ravenna East Homeowners Association, Defendant and Counterdefendant; Alla Bergman, Counterdefendant).

Appellate Court of Illinois, Second District.

October 20, 2010.

Attorney(s) appearing for the Case

Louis W. Brydges Jr., Brydges Riseborough, Libertyville, for Enterprise Z. Construction Company.

John L. Quinn, Churchill, Quinn, Richtman & Hamilton, Ltd., Grayslake, for National City Mortgage.

William Mosconi, DeFrenza Mosconi Matyjewicz, P.C., Northbrook, for Alla Bergman, Michael M. Bergman.

Jordan I. Shifrin, Kovitz Shifrin Nesbit, Buffalo Grove, Douglas W. Stiles, Fuqua, Winter & Stiles, Ltd., Waukegan, for Ravenna East Homeowners Association.

Justice BURKE delivered the opinion of the court:

This is an appeal from the order of the circuit court of Lake County granting partial summary judgment to plaintiff, National City Mortgage, n/k/a National City Bank (National City), finding its mortgage interest prior and superior to the mechanic's lien of defendant Enterprise Z Construction Company (Enterprise). The trial court granted National City's motion solely because Enterprise's recorded claim for a mechanic...

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