Fidelity National Title Insurance v. Westhaven Properties Partnership

              1Defendant Frank O’Hare was previously dismissed from this action and is not a party to
this appeal.
Sixth Division
October 26, 2007
No. 1-06-1895
FIDELITY NATIONAL TITLE INSURANCE
COMPANY OF NEW YORK,
Plaintiff-Appellant,
v.
WESTHAVEN PROPERTIES PARTNERSHIP, an
Illinois Partnership, EAST HAZEL CREST
PROPERTIES PARTNERSHIP, an Illinois Partnership,
WHOLESALE REAL ESTATE SERVICES, INC., an
Illinois Corporation, JACOB L. WEGLARZ, Individually
and as Trustee of Jacob L. Weglarz 1985 Trust
Under Agreement Dated May 1, 1985, and
FRANK O’HARE,
Defendants-Appellees.
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Appeal from
the Circuit Court
of Cook County
03 CH 00382
Hon. Anthony L. Young and
Patrick McGann,
Judges Presiding.
PRESIDING JUSTICE McBRIDE delivered the opinion of the court:
Plaintiff, Fidelity National Title Insurance Company of New York, appeals from an order
of the circuit court of Cook County granting summary judgment in favor of defendants,
Westhaven Properties Partnership, East Hazel Crest Properties Partnership, and Jacob Weglarz,
individually and as trustee of the Jacob L. Weglarz 1985 Trust Under Agreement Dated May 1,
1985, on counts II, III and XI of Fidelity’s third amended complaint.1 Fidelity also appeals from
an order of the circuit court granting defendants’ motion to dismiss count VIII of the third
amended complaint. For the reasons that follow, we affirm.
The primary issue in this case is whether a written notice requirement was a material
provision of a contract. Specifically, a provision in two virtually identical partnership agreements