Toushin v. Ruggiero

Illinois Appellate Court
Civil Court
Case Number: 
2021 IL App (1st) 192171
Decision Date: 
Friday, June 25, 2021
1st Dist.
Cook Co., 6th Div.

Court entered judgment granting Plaintiffs relief in dispute on ownership of 2 properties on North Wells Street in Chicago. Defendant's decedent had represented Plaintiff in many personal and business matters. Plaintiff could not discover his cause of action earlier. Until 2013, he had no reason to believe Defendants would deny his ownership interest in the properties. Decedent's conduct and promises to transfer the interests in the properties to Plaintiff lulled him into believing he owned them. Thus, the statute of limitations was tolled. As the parties knowingly entered into the contract (form leases devised by decedent to hide assets and defraud creditors, the contract is clearly against public policy, and all contentions based on the fraudulent leases fail. Circuit court stated that Plaintiff had disclaimed interest in the properties in other proceedings but found he did so on advice of decedent.Plaintiffs were entitled to damages on account of their payments of principal and interest on Defendants' mortgage indebtedness. (CONNORS and ODEN JOHNSON, concurring.)