Old Orchard Urban Limited Partnership v. Harry Rosen, Inc.

              THIRD DIVISION
March 11, 2009
No. 1-08-0815
OLD ORCHARD URBAN LIMITED PARTNERSHIP, ) Appeal from
as Beneficiary of Trust Agreement Dated June 1, 1993, ) the Circuit Court
known as Trust No. 116914-09, with American National ) of Cook County.
Bank and Trust Company of Chicago as Trustee, ))
Plaintiff-Appellant, )
) No. 07 CH 02223
v. ))
HARRY ROSEN, INC., an Ontario Corporation, ) Honorable
) Richard J. Billik, Jr.,
Defendant-Appellee. ) Judge Presiding.
JUSTICE THEIS delivered the opinion of the court:
Plaintiff Old Orchard Urban Limited Partnership (Old Orchard) appeals from the order of
the circuit court granting the motion to dismiss of defendant Harry Rosen, Inc., pursuant to
sections 2-301 and 2-619 of the Code of Civil Procedure (the Code) (735 ILCS 5/2-301, 2-619
(West 2006)). Specifically, the circuit court found that it lacked personal jurisdiction over Harry
Rosen, a Canadian corporation, where Harry Rosen was not a party to a lease and guaranty
executed by two of its subsidiaries in Illinois and where Harry Rosen was not an alter ego of its
subsidiaries. On appeal, Old Orchard contends that: (1) the circuit court erred in granting Harry
Rosen’s motion to dismiss because Harry Rosen and its domestic subsidiaries were alter egos of
one another; and (2) the circuit court abused its discretion in denying Old Orchard’s request for