Ovnik v. Podolskey

Illinois Appellate Court
Civil Court
Landlord Tenant
Citation
Case Number: 
2017 IL App (1st) 162987
Decision Date: 
Friday, September 1, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Reversed and remanded.
Justice: 
HOFFMAN

Plaintiffs filed suit for damages for landlord's failure to return two security deposits for rental of townhouse, under Chicago Residential Landlord and Tenant Ordinance. Court granted summary judgment for Plaintiff and awarded $19,125, and an additional $25,200 for attorney's fees, costs and interest. Circuit court's judgment in favor of named lessee company on arbitrator's award resolved lessee's right to relief based on both security deposits, and identity of causes of action exists. Because question of fact exists as to whether Plaintiff (wife of lessee company's sole shareholder) was in privity with company, whether res judicata applies should not have been resolved on summary judgment. (ROCHFORD, concurring; DELORT, specially concurring.)