Set-off ask jeopardized limitations defense

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 17, 2021 12:28 PM

Asif Sayeed had a strong statute-of-limitations defense when George Sianis and Spyridon Theodorakis sued him for alleged breach of fiduciary duty. But he threw it away when he used Section 13-207 of the Illinois Code of Civil Procedure to file a time-barred counterclaim for a setoff that, ironically, was tossed by a Cook County judge for failing to state a valid claim. In an appeal by Sianis and Theodorakis — after the judge ruled that they blew the deadline for suing — Section 13–207 boomeranged on Sayeed.The case was …

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