Five Mile Capital Westin North Shore SPE, LLC v. Berkadia Commercial Mortgage, LLC

Illinois Appellate Court
Civil Court
Injunctions
Citation
Case Number: 
2012 IL App (1st) 122812
Decision Date: 
Monday, December 24, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Affirmed.
Justice: 
CONNORS
Court properly found that Plaintiff had not shown that its remedy at law was so insufficient that injunctive relief was necessary. Court did not err in not holding an evidentiary hearing; Defendant had not yet answered the complaint, so none of facts alleged in complaint were yet in dispute, and an evidentiary hearing would not have added anything to the case or resolved any disputed issue of fact, as none existed when circuit court issued its ruling. (QUINN and SIMON, concurring.)