735 Ill. Comp. Stat. § 5/2-1005

Section 2-1005(c) precludes summary judgment when a genuine issue of material fact remains, even if both parties move for summary judgment.

Quinn v. Helms · filed 2025-04-17(c)

We find that there is a genuine issue of material fact that precluded the granting of summary judgment in favor of either party.

Section 2-1005(c) bars summary judgment when the evidence raises a genuine issue of material fact.

Noureldin v. Anderson · filed 2025-05-21(c)

At a minimum, these facts raise a genuine issue of material fact as to when exactly plaintiff began working for FCX, and whether his work for FCX would violate the noncompete or exclusivity provisions in the Agreement.

Section 2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

In re Application of the County Treasurer & ex officio County Collector of Cook County · filed 2025-05-30

Motions for summary judgment are governed by section 2-1005 of the Code of Civil Procedure. 735 ILCS 5/2-1005 (West 2022). Summary judgment should be granted “only where the pleadings, depositions, admissions and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to judgment as a matter of law.” ... And because Newline does not dispute that the “county judgment book does not reflect [its] subsequent payment” for 2018 taxes on the Wolcott Property, its affidavits create no genuine issues of material fact.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Saleem v. Global Experience Specialists, Inc. · filed 2025-07-07(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c). ... Saleem presented sufficient evidence to demonstrate a genuine issue of material fact as to whether Velpuru was aware that his religion is Islam and his nationality is Pakistani.

Section 2-1005(c) bars summary judgment when a genuine issue of material fact remains.

Mitchell/Roberts Partnership v. Williamson Energy, LLC · filed 2025-07-08(c)

Summary judgment cannot be entered if there remains a genuine issue of material fact in the case. 735 ILCS 5/2-1005(c) (West 2022).

Section 5/2-1005(c) allows summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Pekin Insurance Co. v. Rydzewski · filed 2025-08-04(c)

Because genuine issues of material fact exist, we reverse and remand the cause for further proceedings. ... Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) bars summary judgment when a genuine issue of material fact remains.

Mitchel/Roberts Partnership v. Williamson Energy · filed 2025-08-06(c)

Summary judgment cannot be entered if there remains a genuine issue of material fact in the case. 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) permits summary judgment for a mortgage lender when the evidence leaves no genuine factual dispute that it mailed the required acceleration notice.

U.S. Bank Trust National Ass'n v. Gajda · filed 2025-09-10(c)

Based on the foregoing, we find that there was no genuine issue of material fact as to whether the bank provided the required notice to Gajda under the mortgage. We thus conclude that the bank was entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022).

Section 2-1005(c) does not permit summary judgment when genuine issues of material fact remain on the elements of a claim.

Manucks, LLC v. Anne Larson Real Estate LLC · filed 2025-10-14(c)

Because we find genuine issues of material fact regarding each element of plaintiffs’ common law fraud claim, we find that summary judgment was not appropriate here.

An unsupported deposition opinion does not create a genuine issue of material fact that prevents summary judgment under section 2-1005(c).

MG Development South, LLC v. City of Harvey · filed 2025-12-16(c)

The statement by Miles, however, is merely an unsupported conclusion or opinion, which does not raise a genuine issue of material fact.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Lee v. Rock Corner Marathon · filed 2025-12-17(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022). ... Because plaintiff failed to raise a genuine issue of material fact on either the unnatural accumulation or notice elements of a premises liability claim, the trial court properly granted summary judgment in favor of defendants.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists, and speculation cannot create one.

Lee v. Rock Corner Marathon · filed 2026-01-15(c)

It is well settled that mere guesswork or speculation is insufficient to create a genuine issue of material fact to survive a motion for summary judgment. ... Because plaintiff failed to raise a genuine issue of material fact on either the unnatural accumulation or notice elements of a premises liability claim, the trial court properly granted summary judgment in favor of defendants.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Fratto v. Illinois Sports Facilities Authority · filed 2026-01-28(c)

“Summary judgment is proper where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmoving party, show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.” Bulduk v. Walgreen Co., 2015 IL App (1st) 150166-B, ¶ 14; 735 ILCS 5/2-1005(c) (West 2024). ... In sum, the trial court erred when it found no duty and granted summary judgment to Defendants because Fratto presented sufficient evidence that could impose a duty on Defendants and entitle her to recovery on her negligence claim.

Section 2-1005(c) permits summary judgment only when the evidence, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Barter-Storm v. Country Mutual Insurance Co. · filed 2026-02-04(c)

Summary judgment is proper if the pleadings, depositions, and admissions on file, together with any affidavits, when viewed in the light most favorable to the nonmovant, show that there is no genuine issue as to any material fact and that the movant is entitled to a judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; speculation cannot create such an issue.

Gelfond-Raskin v. Foley · filed 2026-03-13(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024). ... Because Gelfond-Raskin failed to raise a genuine issue of material fact to support her claim that the ice on which she slipped was an unnatural accumulation, the trial court properly granted summary judgment in favor of defendants.

Section 2-1005(c) precludes summary judgment when a genuine issue of material fact remains.

Johnston v. Hancock · filed 2026-03-26(c)

Summary judgment may be granted when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2024). ... We find that a genuine issue of material fact exists regarding whether the alleged defect was a proximate cause of Johnston’s injury which precludes the entry of summary judgment in favor of defendants.

Section 5/2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Panos v. Diakatos · filed 2026-03-31

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, viewed in a light most favorable to the nonmovant, fail to establish that a genuine issue of material fact exists, thereby entitling the moving party to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2022); Fox v. Seiden, 2016 IL App (1st) 141984, ¶ 12.

Subsection (c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Romeo v. City of Chicago · filed 2026-03-31(c)

Summary judgment is appropriate where the pleadings, depositions, admissions on file, and affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... Here, we agree with plaintiff that a question of fact exists as to whether the officers detained Augustus without reasonable articulable suspicion that he had committed or was about to commit a crime.

Under section 2-1005(c), an unsupported affidavit assertion does not create a genuine issue of material fact when the plaintiff lacks evidence supporting an essential element of her claim.

Street v. Zeller Digital Innovations, INC · filed 2026-03-31(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024). ... Plaintiff’s general statement in her affidavit that she was not paid commissions for projects that did not have signed purchase orders when she was terminated was insufficient to raise a genuine issue of a material fact as to whether additional commissions were owed to her.

Section 5/2-1005(c) permits summary judgment when an uncontested affidavit establishes reliance on a warranty deed and the opposing party offers no evidence creating a genuine factual dispute.

U.S. Bank National Trust Ass'n v. Machek · filed 2026-04-13(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2022). ... As such, we conclude that there is no genuine issue of material fact concerning the inducement and reliance regarding the manner of conveyance.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law; an unclear hospital consent form can leave a triable apparent agency issue.

White v. Iroquios Memorial Hospital · filed 2026-05-04(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2022). ... Comparing these cases, we conclude that the language in Riverside’s consent forms more closely tracks the phraseology used in Hammer, Schroeder, and First Midwest Bank and does not clearly state that Drs. Whyte, Issa, and Errampalli were independent contractors.

Section 2-1005(c) requires denial of summary judgment when material facts are disputed or undisputed facts support differing reasonable inferences.

Stewart v. Brill & Fishel · filed 2026-05-12(c)

A court must deny summary judgment in two scenarios: (1) when the parties dispute material facts or (2) when the material facts are undisputed, but reasonable people could draw differing inferences from them.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains; conflicting evidence of a party’s intent can preclude it.

Rossi v. Peart · filed 2026-05-26(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2024). ... These messages, when combined with Rossi’s affidavit and the gift letter, create a genuine dispute of material fact about the parties’ intent.

Section 2-1005(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law.

Ween v. Village of New Lenox · filed 2026-06-15(c)

Summary judgment should be granted only where the pleadings, depositions, admissions on file, and affidavits, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to a judgment as a matter of law. See 735 ILCS 5/2-1005(c) (West 2024); Adams, 211 Ill. 2d at 43. ... In the present case, after reviewing plaintiff’s complaint, the materials submitted in support of and in opposition to the New Lenox defendants’ motion for summary judgment, and the legal principles set forth above, we conclude that a genuine issue of material fact exists as to whether Dileto and Klepk were providing police protection or services at the time of their encounter with plaintiff, such that the absolute immunity provided in section 4-102 of the Act would apply to plaintiff’s tort claims against the New Lenox defendants, or were executing or enforcing the law, such that only the limited immunity provided in section 2-202 of the Act would apply to plaintiff’s claims.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Argus Investment, Inc v. West Bend Mutual Insurance Company · filed 2026-06-16(c)

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, indicate that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2024). ... Argus has failed to show that a question of material fact exists.

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Petrovich v. Share Health Plan modified May 22 · filed 1998-03-20(c)

A motion for summary judgment should be granted only where the pleadings, depositions, admissions and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Farmers Automobile Insurance v. Country Mutual Insurance · filed 2000-01-07(c)

Summary judgment is appropriate only when the pleadings, depositions, admissions, and affidavits (1) fail to establish a genuine question of material fact (Pekin Insurance Co. v. State Farm Mutual Automobile Insurance Co., 305 Ill. App. 3d 417, 419, 711 N.E.2d 1227, 1229 (1999)) and (2) show that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1998). ... Thus, this question of fact, which remains unresolved, should have precluded summary judgment.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Siemer v. Reetz · filed 2024-12-05(c)

Summary judgment is appropriate only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2020). ... In sum, plaintiffs presented no facts to support their claim regarding structural settlement issues with the home. We therefore find the trial court’s grant of summary judgment on this count was properly entered.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; trust construction may be resolved by summary judgment because determining a trust’s meaning or intent is a question of law.

Gearhart v. Gearhart · filed 2020-01-23(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... Summary judgment is appropriate in a case involving the construction of a trust, because the ascertainment of the trust’s meaning or intent is strictly a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine dispute of material fact and the moving party is entitled to judgment as a matter of law.

State of Illinois ex rel Wilke v. Ameresco, Inc. · filed 2020-02-13(c)

“Summary judgment is appropriate where ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ”

Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Department of Transportation v. Alpha Med Physician Enterprises, LLC · filed 2020-04-30(c)

Summaiy judgment is appropriate where the pleadings, depositions, admissions, and affidavits on file , when viewed in the light most favorable to the nonmoving party, demonstrate that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. River's Edge Homeowners ' Ass 'n v. City ofNaperville, 353 Ill. App. 3d 87 4, 877 (2004) ; 735 ILCS 5/2-1005(c) (West 2018).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Smith v. Hancock · filed 2019-07-31(c)

Section 1005(c) of the Code of Civil Procedure (735 ILCS 5/2-1005(c) (West 2016)) provides summary judgment is proper when the “pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” ... Thus, summary judgment in Roberson’s favor was proper.

Section 5/2-1005 permits summary judgment when the evidence, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

900 North Rush LLC v. Intermix Holdco, Inc. · filed 2019-08-26

Summary judgment is appropriate when the pleadings, depositions, admissions and affidavits, viewed in a light most favorable to the nonmovant, fail to establish that a genuine issue of material fact exists, thereby entitling the moving party to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2012); Fox v. Seiden, 2016 IL App (1st) 141984, ¶ 12. ... There is no genuine issue of material fact that would preclude the entry of summary judgment in Intermix’s favor.

Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Beaman v. Freesmeyer · filed 2019-12-17(c)

A court should grant such a motion only when the depositions, pleadings, affidavits, and admissions, viewed in the light most favorable to the nonmovant, show both no genuine issue of material fact and the movant is, as a matter of law, entitled to judgment. Pontiac National Bank v. Vales, 2013 IL App (4th) 111088, ¶ 29, 993 N.E.2d 463 (citing 735 ILCS 5/2-1005(c) (West 2008)). ... Viewing the totality of the circumstances, and doing so in the light most favorable to plaintiff, we find no genuine issue of material fact on the existence of probable cause. ... Summary judgment for defendants was proper.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Accettura v. Vacationland, Inc. · filed 2018-12-19(c)

“Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Id.; see 735 ILCS 5/2-1005(c) (West 2016).

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Cohen v. Chicago Park District · filed 2017-12-29(c)

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012). ... On this record, we conclude that defendant was entitled to summary judgment on the question of willful and wanton conduct.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Johnson v. Stojan Law Office, P.C. · filed 2018-01-12(c)

Summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits, if any, on file show there is no genuine issue of any material fact and the movant is entitled to judgment in his favor as a matter of law. ... Johnson’s submissions fail to raise a genuine issue of material fact concerning Sztajer’s capacity.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Estate of Hudson v. Tibble · filed 2018-02-16(c)

Summary judgment should be granted if “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Haag v. Board of Education of Streator Elementary School District 44 · filed 2017-07-28(c)

Summary judgment is properly granted when the pleadings, depositions, and affidavits show that no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Peters v. R. Carlson & Sons, Inc. · filed 2017-01-04(c)

A defendant may move for a summary judgment in its favor, which “shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(b), (c) (West 2014). ... We conclude that the trial court did not err in granting summary judgment for defendants, including appellee Carlson.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Knott v. Woodstock Farm & Fleet, Inc. · filed 2017-02-17(c)

Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014). ... The question is whether, with the facts viewed in the light most favorable to him, plaintiff clearly and convincingly took inconsistent positions. Because the answer to that question is no, the trial court erred by finding all of the factors of judicial estoppel. Accordingly, the trial court erred by entering summary judgment in favor of defendant.

Section 5/2-1005(c) permits summary judgment when no material fact is triable and the movant is entitled to judgment as a matter of law.

Harwell v. Fireman's Fund Insurance Company of Ohio · filed 2016-06-30(c)

Summary judgment may be granted where there is no triable issue of material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010).

Section 2-1005 permits summary judgment in a trust construction case because determining the trust’s meaning or intent is a question of law.

BMO Harris Bank N.A. v. Towers · filed 2015-10-23

Summary judgment is appropriate in a case involving the construction of a trust because the ascertainment of the trust’s meaning or intent is strictly a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; statutory interpretation is appropriate for summary judgment.

Hooker v. Retirement Board of the Firemen's Annuity and Benefit Fund of Chicago · filed 2013-12-19(c)

Summary judgment may be granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010). The interpretation of a statute, such as the Pension Code, is a matter of law and thus presents a matter that is appropriate for summary judgment.

Section 2-1005(c) permits summary judgment in a forcible entry and detainer action when the undisputed evidence establishes the plaintiff’s right to possession and the defendant offers no evidence of a possessory defense.

Wells Fargo Bank v. Watson · filed 2012-07-09(c)

In the present case, at the summary judgment hearing in November 2011, the trial court had before it a judgment of foreclosure that clearly entitled plaintiff to possession. Although the judgment order was not dated or signed, defendant did not dispute that the order had been entered or that the copy presented was accurate. In addition, defendant presented no evidence to establish by way of a defense that he had any legal interest in the property or that he was rightfully entitled to possession. Based upon the evidence that was presented, it was proper for the trial court to grant summary judgment for plaintiff on its forcible entry and detainer complaint. See 735 ILCS 5/2-1005(c) (West 2010); Adams, 211 Ill. 2d at 43.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

FOREST PRESERVE DIST. v. First Nat. Bank · filed 2011-12-01(c)

Summary judgment is proper when the pleadings, depositions and affidavits on file demonstrate that no genuine issue of material fact exists, and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 1998). ... In the present case, the pleadings, depositions and affidavits on file indicate that the District negotiated in good faith as a matter of law.

Section 2-1005(c) requires denial of summary judgment when the movant cannot establish entitlement to judgment as a matter of law.

Sanders v. Stasi · filed 2011-07-12(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits of record, when viewed in the light most favorable to the nonmoving party, show (1) there is no genuine issue of material fact and (2) the moving party is entitled to a judgment as a matter of law. ... see 735 ILCS 5/2-1005(c) (West 2008). ... Plaintiff is entitled to an accounting, and defendant is unable to carry her burden on summary judgment to establish she is entitled to a judgment as a matter of law. Summary judgment is inappropriate and the trial court's judgment must be reversed.

Section 5/2-1005(c) allows summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Gassner v. Raynor Manufacturing Co. · filed 2011-04-27(c)

A motion for summary judgment should be granted only where the pleadings, depositions, and admissions on file, together with the affidavits, if any, show there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2—1005(c) (West 2008). ... In sum, O’Brien’s affidavit is insufficient to resolve the controversy as a matter of law, and the trial court erred in failing to address the contract-interpretation issue.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

People Ex Rel. Birkett v. City of Chicago · filed 2002-10-18(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... As to this issue, no genuine issue of material fact exists, and the City unquestionably is entitled to judgment as a matter of law.

Section 5/2-1005(c) permits summary judgment on proximate cause when the facts are undisputed and reasonable people could draw only one inference.

Jinkins v. Evangelical Hospitals Corp. · filed 2002-12-18(c)

Because the plaintiff fails to offer any factual allegations that, if true, would establish proximate cause, we find the trial court properly granted summary judgment. The element of proximate cause is ordinarily a question of fact for the jury; however, summary judgment is appropriate where the facts are undisputed and there is no difference in the judgment of reasonable men as to the inferences to be drawn.

Section 2-1005(c) permits summary judgment after adequate discovery when the evidence would require a directed verdict at trial, even if the motion presents a factual issue.

Koziol v. Hayden · filed 2000-01-25(c)

The present case satisfies the Fooden requirements. The parties have taken discovery, and nothing indicates that any additional evidence could be presented at trial. We agree with the trial court that upon this evidence, at trial, the trial court would be required to direct a verdict for defendants. Under Fooden , the same result should follow at the summary judgment stage.

Section 2-1005(c) permits summary judgment when the pleadings, depositions, admissions, and affidavits establish no genuine issue of material fact.

Pekin Insurance v. State Farm Mutual Automobile Insurance · filed 1999-06-07(c)

Summary judgment is proper when the pleadings, depositions, admissions, and affidavits fail to establish a genuine issue of material fact. 735 ILCS 5/2—1005(c) (West 1996).

Section 2-1005 provides a summary judgment procedure suited to a taxing body's reliance on facts outside the complaint to justify a tax classification.

DeWoskin v. Loew's Chicago Cinema, Inc. · filed 1999-07-08

Consequently, if a taxing body is required to rely on factual matters outside of the complaint to establish a justification for a tax classification, a motion for summary judgment brought pursuant to section 2 — 1005 of the Code (735 ILCS 5/2 — 1005 (West 1996)) is more suited to the task.

Section 2-1005(c) requires the moving party to be entitled to judgment as a matter of law, even when the facts are undisputed.

LeFevre, Zeman, Oldfield and Schwarm Law Group, Ltd. v. Wal-Mart Stores, Inc. · filed 1999-02-04(c)

“Summary judgment is to be granted only if the pleadings, affidavits, depositions, admissions, and exhibits on file, when reviewed in the light most favorable to the nonmovant, show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Berlin, 179 Ill. 2d at 7, 688 N.E.2d at 108; see 735 ILCS 5/2—1005(c) (West 1994). ... While it is true that there is no dispute regarding the facts of this case, it is clear that Wal-Mart was not entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law, including when the issue is statutory interpretation.

Northern Illinois Gas Co. v. R.W. Dunteman Co. · filed 1998-12-30(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2 — 1005(c) (West 1994). ... This issue is a question of statutory interpretation and, as such, was properly dealt with on a motion for summary judgment.

Section 2-1005(c) permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Aetna Casualty & Surety Co. v. Allsteel, Inc. · filed 1999-03-26(c)

Under the Illinois Code of Civil Procedure (the Code), summary judgment is properly entered when the pleadings, depositions, admissions and affidavits, viewed in a light most favorable to the nonmovant, fail to establish a genuine issue of material fact and the moving party to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Frost v. Robave, Inc. · filed 1998-04-21(c)

Summary judgment is properly granted when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2 — 1005(c) (West 1996). ... The question of ownership is often for the trier of fact. However, in appropriate cases, summary judgment is proper. ... Applying these principles to the instant case, it is clear that Robave was not Jake’s keeper.

Section 2-1005(c) permits summary judgment when the nonmoving party lacks evidence supporting an essential element of the claim.

Bickerman v. Wosik · filed 1993-05-28(c)

Because there is no evidence, either direct or circumstantial, from which it could be inferred that building code violations caused the decedent’s injuries, summary judgment was properly entered.

Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the movant's entitlement to judgment is free from doubt.

Lamkin v. Towner · filed 1993-06-16(c)

Only if these materials establish that the movant's entitlement to summary judgment is free from doubt may such a motion be granted. ... Accordingly, the trial court should have given plaintiffs the opportunity to conduct further discovery, and the trial court's entry of summary judgment was premature and constituted error.

Section 2-1005(c) allows summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Bishop v. Morich · filed 1993-07-08(c)

Summary judgment is justified when there exists no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Burton v. County of Jackson · filed 1993-07-09

Summary judgment is proper if the pleadings, depositions, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to.a judgment as a matter of law. 735 ILCS 5/2 — 1005 (West 1992). ... Applying the standard established by statute and Purtill, we hold that no issue of material fact with regard to the negligence of Jackson County arose as a result of the evidence presented.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the movant is clearly entitled to judgment as a matter of law.

Wiseman-Hughes Enterprises, Inc. v. Reger · filed 1993-08-05

Summary judgment should be granted only when the pleadings, depositions, and admissions on file, together with the affidavits presented, show that there is no genuine issue of material fact such that the movant’s right to judgment is clear as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Smith v. Armor Plus Co., Inc. · filed 1993-08-09(c)

Summary judgment is proper if the pleadings, depositions, affidavits, admissions, and other matters on file demonstrate that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992).) ... Constrained as we are to construe the evidence liberally in favor of plaintiff, we conclude that she raised a genuine factual issue as to whether defendants breached a duty which constituted a proximate cause of decedent’s death. Summary judgment for defendants was therefore inappropriate.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

People v. One 1979 Chevrolet C-20 Van · filed 1993-08-16(c)

Summary judgment is appropriate only when the pleadings, depositions, affidavits and admissions on file show there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992); Purtill v. Hess (1986), 111 Ill. 2d 229, 240.) ... We believe that reasonable persons could draw divergent inferences from these facts on whether the delay was reasonable under the circumstances.

Section 5/2-1005 permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Smith v. United Farm Mutual Reinsurance · filed 1993-08-30

A motion for summary judgment should be granted when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) allows summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Associated Physicians Insurance v. Obasi · filed 1993-09-07(c)

Thus, the summary judgment order can only be affirmed if the "pleadings, depositions, and admissions on file, together with the affidavits, if any show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (Ill. Rev. Stat. 1989, ch. 110, par. 2 — 1005(c) (now 735 ILCS 5/2 — 1005(c) (West 1992)); Zale Construction Co. v. Hoffman (1986), 145 Ill. App. 3d 235, 494 N.E.2d 830.) ... Therefore, we hold that the circuit court erred in finding that plaintiff was entitled to judgment as a matter of law, because where an ambiguity in a contract appears, interpretation becomes a question of fact.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Farm Credit Bank of St. Louis v. Dorr · filed 1993-09-09(c)

Summary judgment is properly rendered when the pleadings, depositions, and admissions on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992).) In light of the foregoing we cannot find that the trial court abused its discretion in holding that the defense of commercial frustration was not available to defendants and granting summary judgment in favor of the plaintiff as to defendants’ tenth affirmative defense.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Eidson v. Audrey's C T L, Inc. · filed 1993-09-15(c)

A motion for summary judgment is proper if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2-1005(c) (West 1992).) As we have determined that George's statements in his testimony and pleadings are not judicial admissions, Homer is not entitled to judgment as a matter of law with respect to count II.

Section 2-1005(c) permits summary judgment when the pleadings, depositions and affidavits show no genuine issue of material fact.

Nilsson v. Continental MacHine Manufacturing Co. · filed 1993-10-07(c)

If the pleadings, depositions and affidavits reveal no genuine issue of material fact, then the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Jacob v. Greve · filed 1993-10-13(c)

Summary judgment is proper if the pleadings, depositions, or other documents on file show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992); Outboard Marine, 154 Ill. 2d at 131.)

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

John E. Reid & Associates, Inc. v. Wicklander-Zulawski & Associates · filed 1993-10-14(c)

For summary judgment to be justified, there must be no genuine issue of material fact and the movant must be entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Pechan v. Dynapro, Inc. · filed 1993-10-19(c)

Summary judgment is proper when the pleadings, depositions, admissions and affidavits show that there is no genuine issue of material fact and, as a matter of law, the moving party is entitled to a judgment. (735 ILCS 5/2 — 1005(c) (West 1992).)

Section 5/2-1005(c) permits an opposing party to file counteraffidavits before or at the hearing and requires summary judgment when the record shows no genuine issue of material fact.

Olympic Restaurant Corp. v. Bank of Wheaton · filed 1993-10-29(c)

The Illinois summary judgments statute provides that the party opposing such a motion may “prior to or at the time of the hearing on the motion file counteraffidavits. The judgment sought shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact.” Ill. Rev. Stat. 1989, ch. 110, par. 2 — 1005(c) (now 735 ILCS 5/2-1005(c) (West 1992)). ... In the present matter, Broches made no attempt, other than through argument and submission of a memorandum of law, to demonstrate that any issue of material fact existed that required a trial.

Section 2-1005(c) allows summary judgment only when no material fact is disputed and the moving party is entitled to judgment as a matter of law.

Bank of Ravenswood v. Polan · filed 1993-11-04(c)

The entry of summary judgment has two requirements: the absence of any issue of material fact and the unmistakable conclusion of law that the moving party is entitled to the judgment he seeks. ... Whether or not Polan in fact "took over" the project, and whether the parties intended Polan to be indemnified if he did take over, are questions which cannot be answered from the undisputed facts of record. These questions are therefore for the trier of fact.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dennison v. Prior · filed 1993-11-15(c)

Summary judgment should only be granted if the pleadings, depositions, admissions on file, and any affidavits show that there are no genuine issues as to any material fact and that the moving party is entitled to judgment as a matter of law. ... We hold that the evidence showed, as a matter of law, that Annette was not negligent in that respect, because Prior’s carelessness was not reasonably foreseeable.

Section 2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Verkruysse v. Neese · filed 1993-12-02

In that vein, summary judgment is appropriate where the pleadings and depositions on file, together with the affidavits, if any, demonstrate there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law. (735 ILCS 5/2—1005 (West 1992); Continental Mobile Telephone Co. v. Chicago S M S A Limited Partnership (1992), 225 Ill. App. 3d 317, 587 N.E.2d 1169.) ... Thus, there was no question of material fact presented.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Frank v. South Suburban Hospital Foundation · filed 1993-12-28(c)

As the circuit court correctly found, there was no genuine issue of material fact in this case, and South Suburban was entitled to judgment as a matter of law.

Section 2-1005(d) treats issues resolved by partial summary judgment as established at trial, leaving the unresolved issues for trial.

A.W. Wendell & Sons, Inc. v. Qazi · filed 1993-12-29(d)

According to the express terms of section 2 — 1005, after the court entered partial summary judgment in favor of the Qazis on the issue of liability, the only issues remaining for trial should have concerned the causal relationship between Wendell’s breach of duty, if any, and the damages incurred by the Qazis.

Section 2-1005 permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no material factual dispute and the movant is entitled to judgment as a matter of law.

Omnitrus Merging Corp. v. Illinois Tool Works, Inc. · filed 1993-12-30

Summary judgment is proper when the pleadings, affidavits, and other evidence on file viewed in the light most favorable to the nonmovant demonstrate that there is no issue of material fact and that the movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

John Alden Life Insurance v. Propp · filed 1994-01-18(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992); Gilbert v. Sycamore Municipal Hospital (1993), 156 Ill. 2d 511, 518.) ... Considering the record as it existed at the time of the trial court’s ruling, there can be no doubt that the trial court properly granted Lavonne’s motion for summary judgment and denied the Propp children’s motion.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Robinson v. ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY · filed 1994-02-10(c)

Summary judgment shall be rendered without delay if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992).) ... We believe that no reasonable person could conclude that the one-tenth of 1% violation was the proximate cause of the accident.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Hansen v. Demarakis · filed 1994-02-25

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005 (West 1992).) The court’s task on such a motion is not to resolve a disputed factual question, but rather to determine whether one exists.

Section 2-1005 permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Estate of Besinger v. Village of Carpentersville · filed 1994-03-03

In sum, absent any remaining issue as to any material fact, we find that the Estate was entitled to judgment as a matter of law, and the trial court, therefore, properly granted its motion for summary judgment.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Pinnacle Corp. v. Village of Lake in Hills · filed 1994-03-08(c)

The trial court should grant summary judgment when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” ... The record before the trial court establishes the developer’s right to summary judgment.

Section 2-1005 permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no material factual dispute and entitles the movant to judgment as a matter of law.

American States Insurance v. National Cycle, Inc. · filed 1994-03-28

Summary judgment should only be granted if all the pleadings, affidavits, and other evidence on file viewed in the light most favorable to the nonmovant show that there is no question of material fact and that the movant is entitled to judgment as a matter of law. ... Thus, Willey’s affidavit does not create a question of fact which would preclude summary judgment.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Jeanblanc v. Sweet · filed 1994-04-06(c)

Summary judgment is appropriate where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” ... We determine, therefore, that the trial court properly granted partial summary judgment based upon the arguments made and the record before it.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Gyllin v. College Craft Enterprises, Ltd. · filed 1994-04-19(c)

A trial court should grant a motion for summary judgment when the pleadings, depositions, admissions and affidavits show there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992); In re Estate of Herwig (1992), 237 Ill. App. 3d 737, 741.) ... We determine that the pleadings, depositions, admissions, and affidavits presented in this case do not create a genuine issue of material fact concerning the existence of proximate cause as to College Craft.

Section 2-1005 permits summary judgment when the evidence, viewed in the nonmovant’s favor, shows no material factual dispute and the movant is entitled to judgment as a matter of law.

Continental Casualty Co. v. Flomenhoft · filed 1994-04-25

Summary judgment is only proper if, after reviewing all the pleadings, affidavits, and other evidence on file in the light most favorable to the nonmovant, it is clear that no material question of fact is at issue and that the movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Thompson v. Green Garden Mutual Insurance · filed 1994-05-04(c)

A motion for summary judgment should be granted only when the pleadings, depositions, admissions and affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... We hold that a material question of fact exists as to whether the doctrine of waiver bars defendant from asserting a vacancy defense.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Tyler Enterprises of Elwood, Inc. v. Skiver · filed 1994-05-04(c)

Summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits show there is no genuine issue of material fact and that the moving party is entitled to a judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992).)

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Fillpot v. Midway Airlines, Inc. · filed 1994-05-05(c)

A motion for summary judgment should only be granted when: "[T]he pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”

Section 2-1005 permits summary judgment when no material fact is disputed and the moving party is entitled to judgment as a matter of law.

Carney v. Donley · filed 1994-05-10

We also conclude that plaintiff was entitled to summary judgment. There are no disputed questions of material fact, and plaintiff is entitled to judgment as a matter of law.

Section 2-1005 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ollivier v. Alden · filed 1994-05-17

Summary judgment is properly granted only if the pleadings, depositions, admissions and affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Section 5/2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Kurtz v. Wright Garage Corp. · filed 1994-05-20

Such a motion is properly granted when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when the pleadings, depositions and affidavits show no genuine issue of material fact.

Onsen v. Commonwealth Edison Co. · filed 1994-05-24(c)

In order for a trial court to grant a motion for summary judgment, the pleadings, depositions and affidavits must show that there is no genuine issue of material fact. (735 ILCS 5/2—1005(c) (West 1992).)

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law; the opposing party need only present a factual basis that could entitle her to judgment.

Jones v. Minster · filed 1994-06-02(c)

Summary judgment is proper when, construing the evidence in the record strictly against the movant and liberally in favor of the opponent (Smith v. Armor Plus Co. (1993), 248 Ill. App. 3d 831, 839), the pleadings, depositions, affidavits, admissions, and other matters on file demonstrate that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992).) A party against whom summary judgment is sought need not prove her case at this preliminary stage, but she must present some factual basis that would arguably entitle her to judgment.

Section 2-1005(c) permits summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact.

Barker v. Eagle Food Centers, Inc. · filed 1994-06-02(c)

A motion for summary judgment should be granted only when the pleadings, depositions, and affidavits reveal there is no genuine issue of material fact (735 ILCS 5/2—1005(c) (West 1992)) and the right of the moving party to judgment is free from doubt (Loyola Academy v. S&S Roof Maintenance, Inc. (1992), 146 Ill. 2d 263, 271). ... We conclude that plaintiff’s circumstantial evidence does not raise a genuine issue of material fact.

A party opposing summary judgment who bears the burden of proof must respond to the movant's supporting evidence with counteraffidavits; it cannot rely solely on its pleadings to raise a factual issue.

Seymour v. Harris Trust & Sav. Bank of Chicago · filed 1994-06-07

When one without the burden of proof moves for summary judgment, the burdened party need not satisfy its trial burden of a preponderance of the evidence to prevail ( Gatlin v. Ruder (1990), 137 Ill.2d 284, 292-93, 148 Ill.Dec. 188, 191, 560 N.E.2d 586, 589), but if confronted by affidavits and other evidence submitted by the movant, the burdened party must submit counteraffidavits. It may not rest solely on the allegations in its pleadings to raise an issue of fact that would thwart such a motion.

Section 2-1005(c) permits summary judgment when no factual issue remains and judgment can be entered as a matter of law.

Banes v. Western States Ins. Co. · filed 1993-07-15(c)

Summary judgment is appropriate where, as here, there are no factual issues, and the court entered judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when the material facts and reasonable inferences entitle the movant to judgment as a matter of law.

LaSalle Nat. Bank v. SKIDMORE, OWINGS · filed 1994-05-05(c)

Summary judgment is appropriate where there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. (Ill. Rev. Stat. 1991, ch. 110, par. 2 — 1005(c), now 735 ILCS 5/2 — 1005(c) (West 1992); Ralls v. Glendale Heights (1992), 233 Ill. App. 3d 147, 598 N.E.2d 337.) To determine if there is a genuine issue of material fact, the court examines the pleadings, together with any depositions, admissions, or affidavits on file. All inferences from the facts are drawn in favor of the party opposing the summary judgment motion.

Section 2-1005(c) permits summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Baldwin v. Twin Rivers Club · filed 1994-06-08(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Pekin Insurance v. Janes & Addems Chevrolet, Inc. · filed 1994-06-16(c)

Summary judgment is properly granted when the pleadings, depositions, and the affidavits show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. ... In this case there are no genuine issues as to any material fact.

Section 2-1005 permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Scott v. Rockford Park District · filed 1994-06-23

In reviewing a trial court’s grant of summary judgment, we consider all grounds urged and facts revealed in the pleadings, together with all depositions, admissions on file, and any affidavits, to determine if there is a genuine issue of material fact and, if not, whether the movant was entitled to summary judgment as a matter of law. (735 ILCS 5/2—1005 (West 1992); Kirnbauer v. Cook County Forest Preserve District (1991), 215 Ill. App. 3d 1013, 1016-17.)

Section 2-1005 permits summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

La Salle National Trust, N.A. v. Village of Westmont · filed 1994-06-29

A motion for summary judgment should be granted where the pleadings, depositions, and affidavits reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Section 5/2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

PEOPLE EX. REL. BLACK v. Neby · filed 1994-06-30(c)

Summary judgment should only be granted when: "[T]he pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 1992). ... Defendant did not present evidence which would justify, in light of plaintiff's evidence, a denial of the summary judgment.

Summary judgment is proper only when the evidence, viewed in the light most favorable to the nonmovant, shows no material issue of fact.

Barney v. Unity Paving · filed 1994-08-15

Summary judgment should only be granted if, after reviewing all the pleadings, affidavits, and other evidence on file in the light most favorable to the nonmovant, it is clear that no material issue of fact exists.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Klekamp v. City of Burbank · filed 1994-08-24(c)

Summary judgment is proper when the pleadings, depositions and admissions on file, together with any affidavits, show there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992).) As evidenced by the parties’ stipulated statement of facts, there is no genuine issue as to any material fact and thus we determine whether defendant was entitled to summary judgment as a matter of law.

Section 2-1005 permits summary judgment only when the record, viewed in the nonmovant’s favor, shows no material factual dispute and the movant is entitled to judgment as a matter of law.

Cella v. SANITARY DIST. EMPLOYEES' · filed 1994-08-29

Summary judgment should only be granted when, after viewing the pleadings, affidavits and any other evidence on file in the light most favorable to the nonmovant, it is clear that there is no material issue of fact in question and the movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

People ex rel. Burris v. Boeger · filed 1994-09-07(c)

Since we have found that the nonassessment of penalties was not a waiver of penalties and that it did not constitute reasonable cause, we find that the defendant has not raised any genuine issue of material fact and that the State is therefore entitled to judgment as a matter of law. See 735 ILCS 5/2—1005(c) (West 1992).

Section 2-1005(c) permits summary judgment only when the pleadings, depositions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Estate of Blakely v. Federal Kemper Life Assurance Co. · filed 1994-09-26(c)

Only if the pleadings, depositions, and affidavits reveal no genuine issue of material fact is the moving party entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Osborne v. Claydon · filed 1994-09-30(c)

A motion for summary judgment should only be granted when "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992); see also Purtill v. Hess (1986), 111 Ill. 2d 229, 240, 489 N.E.2d 867, 871.) In deciding whether to grant summary judgment, a court shall construe the pleadings, affidavits, depositions, admissions, and exhibits strictly against the movant and liberally in favor of the opponent.

Section 2-1005(c) permits summary judgment when there are no questions of fact and judgment can be entered as a matter of law.

Illinois Farmers Insurance v. Tabor · filed 1994-10-26(c)

The use of summary judgment is appropriate where, as here, there are no questions of fact and judgment can be entered as a matter of law.

Section 2-1005(c) calls for summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Barnett v. Zion Park District · filed 1994-11-02(c)

A trial court should grant a motion for summary judgment when the pleadings, depositions, admissions, and affidavits show there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

International Insurance v. City of Chicago Heights · filed 1994-11-18(c)

Additionally, we note that summary judgment is appropriate only in the absence of any genuine issue of material fact and where the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Mulligan Masonry Co. v. Martin · filed 1994-11-21(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits show that no genuine issue of material fact exists and that the movant is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992); Purtill v. Hess (1986), 111 Ill. 2d 229, 240.) Here, as the trial court found, no facts are in dispute. The parties seek an interpretation of the Prevailing Wage Act (820 ILCS 130/1 et seq. (West 1992)) as it applies to mason tenders who use a brick forklift. We agree with the trial court that based on the pleadings, admissions, and affidavits filed herein plaintiff is entitled to judgment as a matter of law, because the Department has failed to refute that Kane County mason tenders are laborers and customarily use brick forklifts.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

City of Elmhurst Ex Rel. Mastrino v. City of Elmhurst · filed 1994-12-02(c)

Summary judgment is appropriate where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992); Gilbert v. Sycamore Municipal Hospital (1993), 156 Ill. 2d 511, 517-18.) Since we reject defendants’ argument that the conduct alleged in the libel complaint could be considered to be within the scope of the official duties of an alderman, defendants are not entitled to judgment as a matter of law.

Section 5/2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Brown v. Unichema Chemicals, Inc. · filed 1994-12-02

A motion for summary judgment should only be granted where the pleadings, depositions, and admissions on file, together with the affidavits, if any, disclose that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2—1005 (West 1992); Sons v. Taylor (1991), 219 Ill. App. 3d 923, 925.) ... Defendants have not established a clear legal right to summary judgment. We find that questions of material fact exist about whether Unichema was "in charge” of the work being performed when Brown was injured. Therefore, we find that the trial court erred in the entry of summary judgment in favor of the defendants.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the remaining question is one of law.

Village of Long Grove v. Austin Bank of Chicago · filed 1994-12-13

Summary judgment is proper where no genuine issue of material fact exists and the question before the court is solely a matter of law. 735 ILCS 5/2—1005 (West 1992); Guenther v. G. Grant Dickson & Sons, Inc. (1988), 170 Ill. App. 3d 538. ... Consequently, the only excuse offered for the Bank’s dishonor of the Village’s demand fails, and we conclude that the trial court properly granted summary judgment for the Village.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Castaneda v. Community Unit School District No. 200 · filed 1994-12-14(c)

However, summary judgment is appropriate if the pleadings, depositions, affidavits, and admissions on file show there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992); Crum & Forster Managers Corp. v. Resolution Trust Corp. (1993), 156 Ill. 2d 384, 390-91.)

Subsection (c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Laird v. Baxter Health Care Corp. · filed 1994-12-19(c)

Summary judgment is proper when the pleadings, depositions, affidavits, admissions, and other matters on file demonstrate there is no genuine issue of material fact and movant is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment only when the moving party is entitled to judgment as a matter of law.

Martin v. Ortho Pharmaceuticals · filed 1994-12-22(c)

Summary judgment is to be granted only when the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992).) Because the entry of a summary judgment is not a matter committed to the discretion of the trial court, abuse of discretion is not the standard of review.

In a section 2—1005 summary judgment motion, factual assertions must be supported by affidavits based on personal knowledge; counsel’s unsupported argument does not establish a factual issue.

Busch v. Graphic Color Corp. · filed 1995-01-05

The present matter was determined pursuant to a motion for summary judgment under section 2—1005. Supreme Court Rule 191, as we have noted, requires that factual assertions made pursuant to summary judgment motions under section 2—1005 be contained in affidavits based on personal knowledge.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the movant’s right to judgment is clear and free from doubt.

Chrysler First Commercial Corp. v. State Farm Insurance · filed 1995-02-14

Summary judgment should only be granted when the pleadings, affidavits, and other evidence on file show that there is no genuine issue of material fact such that the movant’s right to judgment is absolutely clear and free from doubt. ... We conclude that the trial court correctly determined that there was no genuine issue of material fact as to Chrysler’s status as a loss payee.

Section 2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Frigo v. Motors Ins. Corp. · filed 1995-02-28

Summary judgment is appropriate when the pleadings and proofs present no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. ... There are no genuine issues of material fact, and Motors is entitled to judgment as a matter of law.

Section 2-1005(g) permits amendment before or after summary judgment on just and reasonable terms; a court may deny leave when no proposed amendment is offered and the facts needed for it remain unknown.

Ignarski v. Norbut · filed 1995-03-17(g)

Implicit in elements two (whether parties would be prejudiced by the amendment) and three (whether the proposed amendment is timely) is that there be a proposed amendment. When all that has been requested is additional discovery and leave to file a complaint containing facts not yet known, further inquiry into these elements is all but impossible.

Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Genender v. Erlich · filed 1995-03-27(c)

Summary judgment is proper where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992).) ... As the moving party, defendants have therefore failed to meet their burden of showing that the record is free from doubt as to their right to relief, and we reverse and remand this cause for further proceedings consistent with this opinion.

Section 5/2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Waitzman v. Classic Syndicate, Inc. · filed 1995-03-31(c)

The defendants have failed to demonstrate a genuine issue of material fact concerning the existence of other "valid and collectible insurance.” Summary judgment is proper when the pleadings, depositions, admissions on file and any affidavits show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992).) "In order to withstand a motion for summary judgment, the nonmoving party must come forward with evidentiary material that establishes a genuine issue of fact.” (Salinas v. Chicago Park District (1989), 189 Ill. App. 3d 55, 59, 545 N.E.2d 184.) The defendants have not met this burden.

Section 5/2-1005 permits summary judgment when the record shows no genuine issue of fact and the defendant is entitled to judgment as a matter of law.

Bittler v. Doyen & Associates, Inc. · filed 1995-03-31

It is well-settled law in Illinois that summary judgment is proper only when the pleadings, depositions, affidavits, and admissions on file show that no genuine issue of fact exists and that defendant is entitled to judgment as a matter of law.

Section 5/2-1005(c) permits summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Malone v. American Cyanamid Co. · filed 1995-04-13(c)

A trial court properly grants summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1992); see also Purtill v. Hess (1986), 111 Ill. 2d 229, 240, 489 N.E.2d 867, 871.)

Section 5/2-1005 permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Truman L. Flatt & Sons Co. v. Schupf · filed 1995-04-27

The motion will be granted if the court finds there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2— 1005 (West 1992).) A triable issue of fact exists where there is a dispute as to material facts or where the material facts are undisputed but reasonable persons might draw different inferences from those facts.

Section 2-1005 provides for summary judgment based on the underlying facts, not for challenging whether a complaint states a cause of action.

Carter v. New Trier East High School · filed 1995-05-16

Basically, the board asserted in its motion that it was entitled to summary judgment because plaintiff’s pleadings were "blanket-like,” conclusory, and not specific. Such an assertion evinces a complete misapprehension of the distinction between the purpose of a section 2 — 615 motion and a section 2 — 1005 motion.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Malone v. American Cyanamid Co. · filed 1995-05-19(c)

A trial court properly grants summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Laird v. Baxter Health Care Corp. · filed 1995-05-22(c)

Summary judgment is proper when the pleadings, depositions, affidavits, admissions, and other matters on file demonstrate there is no genuine issue of material fact exists and movant is entitled to judgment as a matter of law.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the question before the court is solely a matter of law.

Mem v. Dept. of Human Rights · filed 1995-05-31

Summary judgment is proper where no genuine issue of material fact exists and the question before the court is solely a matter of law.

Section 2-1005 permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ford v. Dovenmuehle Mortgage, Inc. · filed 1995-06-09(c)

In accordance with section 2 — 1005 of the Code of Civil Procedure, summary judgment is to be granted when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Midwest Decks, Inc. v. Butler and Baretz Acquisitions, Inc. · filed 1995-04-18(c)

Summary judgment is appropriate in those cases where there is "no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992).) ... The case at bar was appropriate for summary disposition since no genuine issues of fact were raised.

Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Urban v. Village of Lincolnshire · filed 1995-06-02(c)

Summary judgment is proper where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2— 1005(c) (West 1992); Green v. International Insurance Co. (1992), 238 Ill. App. 3d 929, 605 N.E.2d 1125.) In deciding a motion for summary judgment, the trial court’s sole function is to determine whether issues of material fact exist; it is not to try those issues.

Section 2-1005 permits summary judgment only when no genuine issue of material fact remains and the moving party’s right to judgment is clear and free from doubt.

Rainey Ex Rel. Rainey v. Pitera Ex Rel. Pitera · filed 1995-06-09

Summary judgment is, therefore, proper only when the resolution of a case hinges on a question of law and the moving party’s right to judgment is clear and free from doubt.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Guerino v. Depot Place Partnership · filed 1995-06-27(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2— 1005(c) (West 1992).) ... We find that the Partnership’s use and maintenance of the premises created a question of fact to be resolved by the trier of fact as to whether it controlled and possessed the premises.

Section 2-1005(c) allows summary judgment only when no material questions of fact remain and the issues can be decided as a matter of law.

Foster v. Foster · filed 1995-06-29(c)

Summary judgment is granted only if no material questions of fact remain and the issues may be decided as a matter of law. ... The record is sufficient to overcome any presumption of delivery and acceptance and raises material questions of fact regarding the validity of the deed. Under these circumstances, summary judgment for either party was inappropriate.

Section 2-1005 permits summary judgment when the pleadings, depositions, and affidavits show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Savino v. Robertson · filed 1995-06-30

The granting of summary judgment is proper when the pleadings, depositions and affidavits show that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Signal Capital Corp. v. Lake Shore National Bank · filed 1995-06-30(c)

Summary judgment is proper where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2— 1005(c) (West 1992).) Summary judgment is to be granted only where the evidence, when construed most strongly against the moving party, establishes clearly and without doubt the movant’s right to relief.

Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Champaign National Bank v. Babcock · filed 1995-07-11

Summary judgment should be granted only when the pleadings, depositions, and admissions, together with any affidavits, show there is no genuine issue as to a material fact and that the movant is entitled to a judgment as a matter of law. ... From our examination of the pleadings, we conclude there was no genuine issue as to whether the defendants were liable under the guaranty for the unpaid amounts of principal and interest. Summary judgment on the issue of liability was correct.

Section 2-1005(c) permits summary judgment when the pleadings, depositions and affidavits show no issue of material fact and the moving party is entitled to judgment as a matter of law.

O'Brien & Associates v. Tim Thompson, Inc. · filed 1995-07-25(c)

Summary judgment should be granted if the pleadings, depositions and affidavits demonstrate no issue exists as to any material fact and the moving party is entitled to judgment as a matter of law. Thompson, 247 Ill.App.3d at 871, 187 Ill.Dec. 506, 617 N.E.2d 1227, citing 735 ILCS 5/2-1005(c) (West 1992).

Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Sezonov v. Wagner · filed 1995-08-11(c)

Summary judgment is proper when the pleadings, depositions, and admissions on file reveal that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2 — 1005(c) (West 1994).) Summary judgment is a drastic means of resolving litigation and should be allowed only when the right of the moving party to judgment is clear and free from doubt. (Ralls v. Village of Glendale Heights (1992), 233 Ill. App. 3d 147, 151.) We conclude that the trial court erred when it ruled, as a matter of law, that plaintiffs could not recover any damages arising from the delayed opening of the pet store. Thus, the order of summary judgment for defendant cannot stand.

Section 2-1005(c) permits summary judgment when no material fact is genuinely disputed and the moving party is entitled to judgment as a matter of law.

Towner by Towner v. Bd. of Educ. · filed 1995-10-18(c)

Summary judgment is proper where there is no issue as to a material fact and the moving party is entitled to judgment as a matter of law. (735 ILCS 5/2—1005(c) (West 1992).) Since the Act is applicable to this case and there is no evidence to support plaintiff’s allegations that he was injured because of wilful and wanton conduct by the defendants, the trial court properly entered summary judgment in favor of the defendants.

Section 5/2-1005 permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Glass v. Pitler · filed 1995-11-03

A motion for summary judgment may be granted when "the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005 (West 1992); Torres v. City of Chicago (1994), 261 Ill. App. 3d 499, 632 N.E.2d 54; Bartholomew v. Crockett (1985), 131 Ill. App. 3d 456, 475 N.E.2d 1035.)

Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Poulos v. Lane · filed 1995-11-27(c)

Summary judgment should be granted only where "the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” (735 ILCS 5/2 — 1005(c) (West 1992).) ... In the present case, there exist no genuine issues of material fact as to whether Dr. Lane acted in good faith in reporting the test results to the DCFS and in testifying pursuant to plaintiffs’ subpoena at the temporary custody hearing.

Section 2-1005 permits summary judgment when no material fact is in dispute and the movant is entitled to judgment as a matter of law.

Kuzmanich v. Cobb · filed 1995-11-29

The granting of summary judgment is a drastic method of disposing of a case that should not be employed unless there is no issue of material fact and it is free from doubt that the movant is entitled to judgment as a matter of law.

Section 2-1005(c) requires courts to consider the record in the opponent’s favor when deciding whether a genuine issue of material fact bars summary judgment.

Board of Library Trustees of Westmont v. Cinco Construction, Inc. · filed 1995-12-08(c)

In determining the existence of a genuine issue of material fact, courts must consider the pleadings, depositions, admissions, exhibits, and affidavits on file in the case and must construe them strictly against the movant and liberally in favor of the opponent. ... Contrary to the trial court’s ruling, the record in this case does not support Ozinga’s summary judgment motion.