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RBS CITIZENS v. RTG-OAK LAWN

No. 1-10-1729.

943 N.E.2d 198 (2011)

RBS CITIZENS, NATIONAL ASSOCIATION, as Successor by Merger to Charter One Bank, N.A., Plaintiff-Appellee, v. RTG-OAK LAWN, LLC, an Illinois Limited Liability Company, RTG-Bloomingdale, LLC, an Illinois Limited Liability Company, Richard S. Gammonley, Richard T. Gammonley, 51st Avenue Station Condominium Association, Unknown Owners and Nonrecord Claimants, Defendants-Appellants.

Appellate Court of Illinois, First District, Fourth Division.

Rehearing Denied February 23 and 25, 2011.

Attorney(s) appearing for the Case

Michael S. Pomerantz, Andrew A. Jacobson, Brown, Udell, Pomerantz & Delrahim, Ltd., Chicago, IL, for Defendants/Appellants.

Michael Weininger, Lawrence M. Karlin, Lupel Weininger LLP, Chicago, IL, for Plaintiff/Appellee.

OPINION

Justice LAVIN delivered the judgment of the court, with opinion:

I. BACKGROUND

Before us is an interlocutory appeal challenging the circuit court's orders striking and dismissing with prejudice certain affirmative defenses and counterclaims raised by defendants in response to an action to foreclose on a junior mortgage by plaintiff. For the reasons elucidated below, we affirm the judgment of the circuit court.

RTG-Bloomingdale,...

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