Excelsior Garage Parking, Inc. v. 1250 North Dearborn Condominium Association

Although condo association could not refuse to provide estoppel certificate because it believed it was owed money, condo parking garage could not demand a "clean" estoppel certificate. Once condo association tendered estoppel certificate, although late under the agreement, court should have granted condo association's affirrmative defense that parking garage failed to state claim on which relief could be granted.Condo association is entitled to litigate its reimbursement claim against parking garage without res judicata consequences.(LAVIN and MASON, concurring.)