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BANK OF NEW YORK v. JURADO

No. 1-11-2116.

977 N.E.2d 1202 (2012)

365 Ill. Dec. 103

BANK OF NEW YORK, as Trustee for the Certificate Holders CWABS, Inc., Asset-backed Certificates, Series 2004-6, Plaintiff-Appellee, v. Nancy R. JURADO; Reynaldo Jurado; Citizens Bank Illinois, N.A.; and Lasalle Bank, N.A.; Defendants (RBM Development, Inc., Defendant-Appellant).

Appellate Court of Illinois, First District, Fifth Division.

September 21, 2012.

Attorney(s) appearing for the Case

Leon Zelechowski , of Leon Zelchowski, Ltd., of Chicago, for appellant.

John D. Burke , David J. Chroust , and Douglas Henning , all of Ice Miller LLP, of Chicago, and Joseph Herbas , of Fisher Shapiro LLC, of Bannockburn, for appellee.

OPINION

Justice HOWSE delivered the judgment of the court, with opinion.

¶ 1 Defendant RBM Development, Inc., appeals from a circuit court order holding that RBM's counterclaim to enforce a mechanic's lien was time barred. For the reasons set forth below, we affirm the decision of the circuit court.

¶ 2 BACKGROUND

¶ 3 Plaintiff Bank of New York (BONY) filed a complaint on February 13, 2007, in the circuit court of Cook County...

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