Bank of New York v. Jurado

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 112116
Decision Date: 
September 21, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 5th Div.
Justice: 
HOWSE
Holding: 
Affirmed.
Counterclaim to enforce a mechanic's lien was time-barred, as it was not filed until after two-year statute of limitations period expired. Counterclaim which was attached to motion to vacate and motion for leave to file but which was not file-stamped is not considered filed. Section 9 of Mechanic's Lien Act requires that counterclaim must be filed within two years of completion of work, not merely presented as an attachment. (McBRIDE and EPSTEIN, concurring.)