Appellate Court of Illinois

Summary judgment for defendant in a claim for declaratory judgment holding that plaintiff failed to comply with the terms of the parties' lease termination option and that plaintiff was not entitled to equitable relief is affirmed where: 1) strict compliance with the termination option is required; 2) the court rejects plaintiff's allegation that notice was given verbally by refusing to adopt a per se actual notice rule; 3) the court refuses to use its equitable powers to excuse non-compliance since plaintiff has failed to establish just excuse or undue hardship.

Appellate Information

• Decided 05/28/2008
• Published 06/03/2008

Judges

• Justice GREIMAN delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Stephen Novack, Timothy J. Miller, Stephanie J. Harris, of Novack and Macey LLP, Chicago, for Appellant.


• For Appellees:
  
• Gerald B. Lurie, Janice L. Duban, of DLA Piper US LLP, Chicago, for Appellee.