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KENNY v. KENNY INDUSTRIES, INC.

Docket No. 1-11-1782.

GERARD M. KENNY, as Trustee of the Trust of Gerard M. Kenny, and Novack and Macey, LLP, Petitioners-Appellees, v. KENNY INDUSTRIES, INC., Respondent-Appellant (Bank of America, N.A., Petitioner and Intervenor-Appellee.

Appellate Court of Illinois, First District, Second Division.

Rehearing denied August 29, 2012.

Modified upon denial of rehearing September 4, 2012.

Attorney(s) appearing for the Case

James E. Betke , P.C., of Chicago, for appellant.

Novack & Macey LLP, of Chicago ( Eric N. Macey , Courtney D. Tedrowe , and John Haarlow, Jr. , of counsel), for appellees Gerard M. Kenny and Novack & Macey LLP.

Mayer Brown LLP, of Chicago ( Thomas S. Kiriakos , Joshua D. Yount , Aaron Gavant , and Michael D. Frisch , of counsel), for appellee Bank of America, N.A.

Presiding Justice Quinn and Justice Connors concurred in the judgment and opinion.

OPINION

JUSTICE HARRIS, delivered the judgment of the court, with opinion.

¶ 1 Respondent Kenny Industries, Inc. (Kenny Industries), appeals the order of the circuit court denying its motion for release from a judgment confirming the arbitrator's final award in favor of petitioner Gerard M. Kenny's trust. On appeal, Kenny Industries contends the trial court erred in denying the motion because it retained its right of setoff under section 4.5 of the...

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