Illinois Appellate Court
Civil Court
Condominiums
Plaintiff Condominium Board filed claims that condo building developed and sold by one Defendant and built by another Defendant suffered from many construction defects. Court erred in dismissing 2 counts of Board's 2nd amended complaint, as a plaintiff is permitted to bring a claim for breach of implied warranty of habitability against a builder absent a showing that developer-vendor is insolvent. Court erred in dismissing amended 3rd-party complaint of Defendant developer-seller, because bankruptcy trustee's assignment of any claims against builder cured any lack of standing that might have resulted from Defendant developer-seller's bankruptcy filing. (LAVIN and COBBS, concurring.)