735 Ill. Comp. Stat. § 5/2-1005

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 movant is entitled to judgment as a matter of law.

Carollo v. Irwin · filed 2011-09-22(c)

Summary judgment is appropriate where the pleadings, depositions, affidavits, and admissions on file, when 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 a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2006).

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.

Merca v. Rhodes · filed 2011-09-30(c)

A grant of summary judgment is only appropriate when the pleadings, depositions, admissions, and affidavits demonstrate no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2008); Williams v. Manchester, 228 Ill.2d 404, 417, 320 Ill.Dec. 784, 888 N.E.2d 1 (2008).

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

Barnett v. LUDWIG AND COMPANY · filed 2011-11-04(c)

The governing procedural law is that summary judgment should be granted only where the pleadings, depositions, admissions, and affidavits on file, when viewed in a light most favorable to the nonmoving party, 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 2010); Adams v. Northern Illinois Gas Co., 211 Ill.2d 32, 43, 284 Ill.Dec. 302, 809 N.E.2d 1248 (2004).

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.

Janda v. US Cellular Corp. · filed 2011-11-18(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 2008).

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.

Janda v. United States Cellular Corp. · filed 2011-11-18(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 2008).

Section 5/2-1005(c) permits summary judgment only 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.

Landmark Insurance Company v. NIP Group · filed 2011-12-05(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits, viewed in the light most favorable to the nonmovant, show 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.

Kociscak v. Kelly · filed 2011-12-13(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 judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2008). ... We hold that the circuit court in this case did not err in granting summary judgment in Kelly’s favor.

Subsection (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.

Universal Underwriters v. LKQ Smart Parts · filed 2011-12-16(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." 735 ILCS 5/2-1005(c) (West 2008).

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.

Dowe v. Birmingham Steel Corp. · filed 2011-12-19(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 no genuine issues of material fact exist and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2000); Bier v. Leanna Lakeside Property Ass'n, 305 Ill.App.3d 45, 50, 238 Ill.Dec. 386, 711 N.E.2d 773 (1999).

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.

Rodriquez v. Department of Financial and Professional Regulation · filed 2011-12-27(c)

Summary judgment is proper if, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions and affidavits on file 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 2010).

Section 5/2-1005(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 the moving party is entitled to judgment as a matter of law.

Ulm v. Memorial Medical Center · filed 2012-01-06(c)

Summary judgment is appropriate where the pleadings, depositions, admissions, and affidavits of record, when viewed in the light most favorable to the nonmoving party, establish (1) there is no genuine issue of material fact and (2) the moving party is entitled to a judgment as a matter of law. Kajima Construction Services, Inc. v. St. Paul Fire & Marine Insurance Co., 227 Ill.2d 102, 106, 316 Ill.Dec. 238, 879 N.E.2d 305, 308 (2007); see 735 ILCS 5/2-1005(c) (West 2008).

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.

Hatteberg v. Cundiff · filed 2012-01-25(c)

Summary judgment is appropriate when the pleadings, depositions and admissions on file, together with any affidavits, show that no genuine issue exists as to any material fact such that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010). ... Because no contrary conclusion can be drawn from the record that defendant acted willfully and wantonly and no material facts are in dispute, summary dismissal of counts III and IV 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.

Katz v. STATE FARM MUT. AUTO. INS. CO. · filed 2012-02-07(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 2008).

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.

Hartz Const. v. Village of Western Springs · filed 2012-02-08(c)

A party is entitled to summary judgment 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 2008).

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.

Ruby v. Ruby · filed 2012-02-17(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits, when viewed in a light most favorable to the nonmoving party, demonstrate that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2006); Bank of America, N.A. v. Carpenter, 401 Ill. App. 3d 788, 795, 929 N.E.2d 570 (2010). ... We conclude the trial court erred in granting summary judgment in favor of defendant on the issue of ademption.

Section 2-1005(c) generally makes summary judgment inappropriate when intent is central and a genuine factual dispute remains.

Borchers v. PROVINCE OF SACRED HEART, INC. · filed 2012-02-28(c)

As summary judgment must be reserved for cases in which there is no question of material fact (735 ILCS 5/2-1005(c) (West 2008)), it generally should not be used when a party's intent is a central issue in the case ( Schroeder, 375 Ill.App.3d at 368, 313 Ill.Dec. 740, 873 N.E.2d 35).

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.

Waters v. City of Chicago · filed 2012-03-02(c)

Summary judgment is only appropriate when the pleadings, depositions, admissions, and affidavits on file, viewed in the light most favorable to the nonmovant, show that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. ... We find that defendant owed plaintiff a duty of care under the circumstances presented here and the grant of summary judgment is improper.

Section 2-1005(c) 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.

Village of Palatine v. Palatine Associates · filed 2012-03-16(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 2008).

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.

Lamb-Rosenfeldt v. Burke Medical Group · filed 2012-03-22(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 judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2006). ... Accordingly, the circuit court was correct in finding that St. James was entitled to summary judgment as 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.

Cieslewicz v. Forest Preserve District of Cook County · filed 2012-05-17

Summary judgment is proper where 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 (West 2002).

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.

Bank of America National Association v. Bassman FBT, L.L.C. · filed 2012-06-18(c)

A grant of 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 2010).

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.

Prodanic v. Grossinger City Autocorp · filed 2012-07-19

Summary judgment is proper where the pleadings, admissions, depositions and affidavits demonstrate there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law. Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201 (2008); 735 ILCS 5/2-1005 (West 2010). ... Because the record presents no genuine issue of material fact, City Autocorp was entitled to summary 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.

Knezovich v. Hallmark Insurance Company · filed 2012-08-03(c)

Summary judgment is appropriate 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 2010).

Section 2-1005(c) allows 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.

August v. Hanlon · filed 2012-09-06(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmoving party, 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.

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.

Rush University Medical Center v. Sessions · filed 2012-09-20(c)

Summary judgment is proper when the pleadings, depositions, admissions 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 2006); Millennium Park Joint Venture, LLC v. Houlihan, 241 Ill. 2d 281, 308-09 (2010).

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 the moving party is entitled to judgment as a matter of law.

Bank of New York v. Jurado · filed 2012-09-21(c)

Summary judgment is proper if, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file demonstrate 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 2010).

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 movant is entitled to judgment as a matter of law.

US Bank National Ass'n v. Villasenor · filed 2012-10-05(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. General Casualty Insurance Co. v. Lacey, 199 Ill. 2d 281, 284 (2002); 735 ILCS 5/2-1005(c) (West 2004).”

Subsection (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.

Urban Sites of Chicago, LLC v. Crown Castle USA · filed 2012-10-09(c)

Summary judgment is proper “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 2008). ... We agree with the circuit court’s ruling that Urban Sites was estopped from bringing its cause of action based on the clear and unambiguous language of the 2005 agreement, which included an estoppel certificate, and we find that Urban Sites has not raised a genuine issue of material fact to survive summary judgment.

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

Pielet v. Pielet · filed 2012-10-18(c)

Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2008)). Pursuant to that statute, 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.

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.

Martin v. Keeley & Sons, Inc. · filed 2012-10-18(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 2010).

Section 2-1005(c) permits summary judgment when the pleadings, depositions, and affidavits show that the moving party is entitled to judgment as a matter of law.

Ballog v. City of Chicago · filed 2012-10-26(c)

Summary judgment is proper when the pleadings, depositions, and affidavits demonstrate that as a matter of law, the moving party is entitled to judgment. 735 ILCS 5/2-1005(c) (West 2010); Ishoo v. General Growth Properties, Inc., 2012 IL App (1st) 110919. ... The circuit court did not err in granting summary judgment where the condition at issue was open and obvious as a matter of law and the deliberate encounter exception to the doctrine did not apply.

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.

Illinois State Bar Association Mutual Insurance Company v. Frank M. Greenfield and Associates, P.C. · filed 2012-11-09(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 2008).

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.

Mo v. Hergan · filed 2012-12-17(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 2010). ... Thus, we agree with the circuit court that no genuine issue of material fact remained relating to count VIII of the complaint and that summary judgment in Hergan’s favor was proper.

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

Koulogeorge v. Campbell · filed 2012-12-31(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits, when viewed in a light most favorable to the nonmoving party, demonstrate that there is no genuine issue as to any material fact and the movant 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 moving party is entitled to judgment as a matter of law.

American Zurich Insurance Co. v. Wilcox and Christopoulos, L.L.C. · filed 2013-01-17(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 a judgment as a matter of law.”

Section 2-1005 generally permits depositions to oppose summary judgment, but a court may prohibit a deposition when its testimony would be irrelevant to the motion.

In re Marriage of Callahan · filed 2013-01-23

As petitioner points out, both Illinois Supreme Court Rule 191(b) and section 2-1005 of the Code of Civil Procedure generally permit the taking of depositions as a form of discovery to oppose a motion for summary judgment. ... Because any testimony respondent could have provided at her deposition would not have been relevant for purposes of deciding this issue, we cannot say it was an abuse of discretion for the circuit court to prohibit petitioner from taking the deposition.

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 the moving party is entitled to judgment as a matter of law.

Water Applications & Systems Corp. v. Bituminous Casualty Corp. · filed 2013-02-15(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 2008).

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

Alshwaiyat v. American Service Insurance Company · filed 2013-02-19(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions and affidavits, viewed in the light most favorable to the nonmovant, show 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 the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Lindy Lu, LLC v. Illinois Central Railroad Company · filed 2013-02-22(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with any 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 2010). ... Thus, the trial court properly granted summary judgment to defendants.

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.

Poris v. Lake Holiday Property Owners Association · filed 2013-03-04(c)

Summary judgment is proper when the pleadings, depositions, admissions and affidavits on file demonstrate 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 2008).

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.

Seitz-Partridge v. Loyola University of Chicago · filed 2013-03-04(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 2008).

Section 2-1005 requires 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.

Holzrichter v. Yorath · filed 2013-03-04

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 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.

Lucas v. The County of Cook · filed 2013-03-05(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 2010).

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

Metzger v. Country Mutual Insurance Co · filed 2013-03-21(c)

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 a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010); Adams, 211 Ill. 2d at 43.

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 entitlement to judgment as a matter of law.

Auto-Owners Insurance Co. v. Yocum · filed 2013-03-29(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, and admissions on file, when viewed in the light most favorable to the nonmoving party, 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.

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.

Robinson v. Village of Oak Park · filed 2013-04-16(c)

Summary judgment is proper where there is no genuine issue of any material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010); Richardson v. Bond Drug Co. of Illinois, 387 Ill. App. 3d 881, 884 (2009). ... Summary judgment was appropriate in this case because the plaintiff acknowledged that the accommodation that the defendant offered to her in the form of a clerk’s position in the parking permits office eliminated any conflict between her religious beliefs and the job duties.

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.

Grinnell Mutual Reinsurance Company v. Hubbs · filed 2013-04-24(c)

Summary judgment is proper 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) (West 2008). ... Even when viewing the pleadings and supporting attachments liberally in favor of the insured, we find that no genuine issue of material fact exists regarding whether the construction of the weir and retention pond caused a substantial elevation of the groundwater table on Mercer’s property which, in turn, impeded the subsurface flow of water and caused 21 acres of Mercer’s farmland to flood.

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

Lough v. BNSF Ry. Co. · filed 2013-05-03(c)

Pursuant to that section, 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. 735 ILCS 5/2-1005(c) (West 2010). ... No evidence exists in the record on appeal to support the conclusion that the accident “more probably than not” contributed to decedent’s death.

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 the movant is entitled to judgment as a matter of law.

J.S. Riemer, Inc. v. The Village of Orland Hills · filed 2013-05-10(c)

In considering these contentions, we are mindful that summary judgment is appropriate if, “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.” General Casualty Insurance Co. v. Lacey, 199 Ill. 2d 281, 284 (2002) (citing 735 ILCS 5/2-1005(c) (West 2006)).

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.

Gerdau Ameristeel US, Inc. v. Broeren Russo Construction, Inc. · filed 2013-05-23(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.’ ” Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201, 902 N.E.2d 645, 648 (2008) (quoting 735 ILCS 5/2-1005(c) (West 2000)).

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

Pontiac National Bank v. Vales · filed 2013-05-24(c)

A summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, when viewed in a 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 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.

Joyce v. Fidelity Real Estate Growth Fund II, L.P. · filed 2013-06-19(c)

Summary judgment may only be granted “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 2008).

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.

Buck v. Charletta · filed 2013-06-27(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.’ ” Palm v. 2800 Lake Shore Drive Condominium Ass’n, 2013 IL 110505, ¶ 28 (quoting 735 ILCS 5/2-1005(c) (West 2008)); see also Schultz v. Illinois Farmers Insurance Co., 237 Ill. 2d 391, 399 (2010).

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.

Siegel Development, LLC v. Peak Construction LLC · filed 2013-06-28(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 2004). ... Since there was no definite agreement in place as to the scope of Peak Construction’s work and plaintiffs never formalized an agreement with Peak Construction as to the scope of the work, there cannot have been a “false statement of material fact” about Peak Construction’s willingness to perform the work that would form the basis of a fraud claim and the trial court properly granted summary judgment in defendants’ favor regarding the claims concerning the spreadsheet.

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.

Dumke v. The City of Chicago · filed 2013-06-28(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 2010). The parties here filed cross-motions for summary judgment, and agree that no genuine issue of material facts exists because the City has abandoned the position it advanced in the trial court that only the superintendent of police, as head of the police department, could waive the section 7(1)(f) exemption.

Section 2-1005 does not prevent a court from excluding an undisclosed expert’s affidavit offered in opposition to summary judgment as a discovery sanction.

Smith v. Murphy · filed 2013-07-16(e)

Defendants respond that section 2-1005(e) provides that “[t]he form and contents of and procedure relating to affidavits under this Section shall be as provided by Rule.” 735 ILCS 5/2-1005(e) (West 2010). Plaintiff argues that the procedure which allows for affidavits to defend against entry of summary judgment trumps any discovery sanctions imposed by a trial court on an offending party. We disagree.

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.

Trigsted v. Chicago Transit Authority · filed 2013-07-19(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 2008). ... In fact, the major problem with plaintiffs’ argument is that there is absolutely no evidence in the record connecting the assault to the overcrowding of the bus.

Section 2-1005 permits summary judgment when the record, construed strictly against the moving party, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Garland v. Morgan Stanley and Company, Inc. · filed 2013-09-12

Summary judgment is proper when the pleadings, affidavits, depositions and admissions of record, construed strictly against the moving party, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.

Summary judgment is appropriate only when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ritacca v. Girardi · filed 2013-09-13(c)

In considering the arguments of the parties, we are mindful that summary judgment is only appropriate if, “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.”

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 the moving party is entitled to judgment as a matter of law.

Pekin Insurance Co. v. United Contractor Midwest, Inc. · filed 2013-09-18(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 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 2010).

Summary judgment is proper 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.

Gillenwater v. Honeywell International, Inc. · filed 2013-09-18(c)

“Summary judgment is proper if, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file demonstrate 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.” Lazenby, 236 Ill. 2d at 93 (citing 735 ILCS 5/2-1005(c) (West 2004)).

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.

Parkway Bank and Trust Company v. Korzen · filed 2013-09-23(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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010).

Section 5/2-1005(c) permits summary judgment when the record, viewed in the nonmoving party's favor, shows no genuine issue of material fact and entitles the moving party to judgment as a matter of law.

Bruns v. The City of Centrailia, Illinois · filed 2013-09-23(c)

Summary judgment is appropriate when the pleadings, affidavits, depositions, and admissions on file, viewed in the light most favorable to the nonmoving party, reveal that 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 the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Bruns v. City of Centralia, Illinois · filed 2013-09-23(c)

Summary judgment is appropriate when the pleadings, affidavits, depositions, and admissions on file, viewed in the light most favorable to the nonmoving party, 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 2012); see also Sollami v. Eaton, 201 Ill. 2d 1, 6, 772 N.E.2d 215, 218 (2002). ... Whether the City breached its duty of reasonable care to plaintiff, under the circumstances presented here, is a question of fact for the jury. Clifford, 353 Ill. App. 3d at 47, 817 N.E.2d at 1218. Accordingly, the court erred in granting summary judgment in favor of the City.

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 the movant is entitled to judgment as a matter of law.

West Bend Mutual Insurance Company v. Talton · filed 2013-09-27(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, reveal that 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 2012). ... Accordingly, even after considering the parol evidence, we determine that there is no genuine issue of material fact regarding whether Championship was defendants’ employer.

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.

Shehadeh v. Madigan · filed 2013-10-04(c)

Summary judgment may be granted 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 2012).

Section 2-1005(c) permits summary judgment for either party in a negligence case, including a rear-end collision, when its requirements are met.

Rettig v. Heiser · filed 2013-10-04(c)

The language does not foreclose summary judgment under section 2-1005(c) for either a plaintiff or a defendant when the requirements of that section are met.

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.

Bowles v. Owens-Illinois, Inc. · filed 2013-10-11(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.’ ” Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201, 902 N.E.2d 645, 648 (2008) (quoting 735 ILCS 5/2-1005(c) (West 2000)). ... Plaintiff failed to present evidence decedent worked with or around any John Crane asbestos-containing product with sufficient frequency, regularity, and proximity to create a genuine issue of material fact. Thus, summary judgment for John Crane was appropriate.

Section 2-1005 does not authorize a trial court to grant summary judgment sua sponte; clarifying an earlier grant is not a new sua sponte ruling.

Pister v. Matrix Service Industrial Contractors · filed 2013-10-15

Section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2010)) “does not authorize the trial court to sua sponte summarily grant summary judgment.” Peterson v. Randhava, 313 Ill. App. 3d 1, 11, 729 N.E.2d 75, 83 (2000). ... A mistake in the court’s May 2011 order does not make the court’s February 2012 statements a sua sponte ruling on Matrix’s motion for summary judgment. Therefore, we conclude the court made no sua sponte ruling during the February 2012 pretrial hearing with regard to the “traveling employee” theory of liability.

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.

Roxana Community Unit School District No. 1 v. Environmental Protection Agency · filed 2013-11-14(c)

“Summary judgment is proper when ‘the pleadings, depositions, 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.’ ” Metropolitan Life Insurance Co. v. Hamer, 2013 IL 114234, ¶ 17, 990 N.E.2d 1144 (quoting 735 ILCS 5/2-1005(c) (West 2010)).

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 the movant is entitled to judgment as a matter of law.

West Bend Mutual Insurance Co. v. Talton · filed 2013-11-18(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, reveal that 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 2012). ... Therefore, the trial court properly granted plaintiff’s motion for summary judgment and denied defendants’ 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.

Edwards v. Lombardi · filed 2013-11-20(c)

Summary judgment shall be entered where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmoving party, 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 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.

Harden v. The City of Chicago · filed 2013-11-22(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. ... Nothing in her deposition and affidavit or White's affidavit creates a question of material fact on that issue. ... Since plaintiff has failed to set forth a duty owed by the City, the trial court properly granted the City's motion for summary judgment.

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.

Stivers v. Bean · filed 2014-01-13(c)

The trial court should grant a motion for 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 2012).

Section 2-1005(b) permits a defendant to move for summary judgment at any time, but does not require the court to decide the motion before pending discovery is completed.

Jiotis v. The Burr Ridge Park District · filed 2014-01-22(b)

First of all, while section 2-1005(b) indeed states that a defendant may move for summary judgment at any time, it does not say that the trial court must immediately adjudicate the motion regardless of pending discovery.

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

Huizenga v. Auto-Owners Insurance · filed 2014-01-22(c)

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 of material fact and that the moving party is clearly entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010).

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.

Harden v. The City of Chicago · filed 2014-01-22(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 2010). ... Nothing in her deposition and affidavit or White’s affidavit creates a question of material fact on that issue.

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.

Edwards v. Lombardi · filed 2014-01-22(c)

Summary judgment shall be entered where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmoving party, 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. 735 ILCS 5/2-1005(c) (West 2010).

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

In re: The Application of the Douglas County Treasurer · filed 2014-01-27(c)

A grant of summary judgment is only appropriate when the pleadings, depositions, admissions, and affidavits demonstrate no genuine issue of material exists and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012).

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.

St. Paul Mercury Insurance v. Aargus Security Systems, Inc. · filed 2014-02-05(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 2010). ... In this case, we hold that the circuit court properly entered summary judgment in Aargus’s favor because Mallers has not shown, either under the contract or based on a voluntary undertaking, that Aargus had a duty to stop or report the delivery of propane tanks to the building.

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.

Parkway Bank and Trust Company v. Korzen · filed 2014-02-11(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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2010).

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.

Johnson v. Safeguard Construction Company, Inc. · filed 2014-02-21(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 2010).

Section 2-1005(b) lets a defendant move for summary judgment at any time, but does not require the trial court to decide the motion immediately when discovery is pending.

Jiotis v. The Burr Ridge Park District · filed 2014-03-10(b)

First of all, while section 2-1005(b) indeed states that a defendant may move for summary judgment at any time, it does not say that the trial court must immediately adjudicate the motion regardless of pending discovery.

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

Huizenga v. Auto-Owners Insurance · filed 2014-03-11(c)

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 of material fact and that the moving party is clearly entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2010).

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.

Doe v. Boy Scouts of America · filed 2014-03-12(c)

Summary judgment is appropriate where the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmovant, reveal that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law. Id. at 43; 735 ILCS 5/2-1005(c) (West 2012).

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

In re: The Application of the Douglas County Treasurer · filed 2014-03-31(c)

A grant of summary judgment is only appropriate when the pleadings, depositions, admissions, and affidavits demonstrate 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 there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Fonseca v. Clark Constuction Group, LLC · filed 2014-04-28(c)

Summary judgment is appropriate when the pleadings, admissions, and affidavits 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 2008); Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201 (2008).

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.

St. Martin v. First Hospitality Group, Inc. · filed 2014-05-01(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 2010). ... The trial court properly applied the de minimis rule and granted defendant’s motion for summary judgment.

Section 2-1005(b) permits a defendant to move for summary judgment at any time; time remaining for discovery does not prevent judgment when the plaintiff lacks necessary expert evidence after reasonable disclosure deadlines.

Smith v. Bhattacharya · filed 2014-05-09(b)

The Code of Civil Procedure allows a defendant to file a motion for summary judgment “at any time” (735 ILCS 5/2-1005(b) (West 2008)). ... We agree with the James court that, if the discovery rules are to have any force or effect, the time left before trial or for completing discovery must be viewed as irrelevant here. Plaintiff missed the deadlines and, as a result, did not have the necessary expert evidence to overcome defendants’ 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.

Lee v. Six Flags Themes Parks, Inc. · filed 2014-05-09(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 2010).

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.

Carlson v. Chicago Transit Authority · filed 2014-05-09

Section 2-1005 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1005 (West 2010)) provides for summary judgment when the pleadings, depositions, and admissions on file, together with any 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)'s summary judgment procedure considers whether the pleadings, depositions, and admissions show a genuine issue of material fact or a question of law.

Swain v. The City of Chicago · filed 2014-05-13(c)

Here, in arguing before the court, the City used summary judgment language, stating that there was no "genuine issue of material fact" in this case and that the issue of whether it owed a duty to plaintiff was "a question of law." See 735 ILCS 5/2-1005(c) (West 2012). The City also relied exclusively on the pleadings, depositions, and admissions on file, i.e., the evidence considered on a motion for summary judgment, since there had been no trial proceedings. Id. ... Under the ... circumstances, we agree that the language used by the City and the procedural posture of this case all support the conclusion that the City's motion was a motion to reconsider the denial of summary judgment rather than a motion for a directed finding.

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.

Gaudina v. State Farm Mutual Automobile Insurance Company · filed 2014-05-14(c)

“[S]ummary judgment is proper 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.” Mashal v. City of Chicago, 2012 IL 112341, ¶ 49 (citing 735 ILCS 5/2-1005(c) (West 2000)).

Section 2-1005(c) permits summary judgment only 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.

G.M. Sign, Inc. v. Pennswood Partners, Inc. · filed 2014-05-20(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmovant, show 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 2010).

Section 2-1005(g) permits pleading amendments after summary judgment on just and reasonable terms; a court may deny an untimely amendment that would prejudice the other party.

Bank of America, N.A. v. Basile · filed 2014-05-20(g)

Section 2-1005(g) of the Code of Civil Procedure (the Code) expressly provides, in pertinent part, that "after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms." (Emphasis added.) 735 ILCS 5/2-1005(g) (West 2010). ... In light of all these facts, we hold the circuit court did not abuse its discretion in denying defendants’ motion to file an amended answer and affirmative defenses after summary judgment was entered.

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.

Pederson v. Village of Hoffman Estates · filed 2014-05-21(c)

Summary judgment is appropriate if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to a 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.

Bridgeview Health Care Center, Ltd. v. State Farm Fire and Casualty Company · filed 2014-05-22(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 2010).

Section 5/2-1005(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.

Certain Underwriters at Lloyd's, London v. Central Mutual Insurance Co. · filed 2014-05-23(c)

While the entry of summary judgment is considered a "drastic measure," it is a proper and expeditious means of disposing of a lawsuit when the moving party's right to judgment is "clear and free from doubt" and the moving party is entitled to judgment as a matter of law. Outboard Marine Corp. v. Liberty Mutual Insurance Co., 154 Ill. 2d 90, 102, 607 N.E.2d 1204, 1209 (1992); 735 ILCS 5/2-1005(c) (West 2008) (the Code of Civil Procedure provides for the entry of summary judgment only where the record shows "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 nonmovant, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Bank of America, N.A. v. Cannonball LLC · filed 2014-05-30(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmovant, show 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(g) permits amendment after summary judgment on just and reasonable terms, but a dismissed claim may be repleaded under another theory only when depositions and affidavits support it.

Cook v. AAA Life Insurance Company · filed 2014-06-09(g)

Section 2-1005(g) does not allow a plaintiff to amend a cause of action on which the defendant was granted summary judgment unless depositions and affidavits indicate that the plaintiff can replead the claim under another theory. ... The trial court did not abuse its discretion by denying Bruce’s motion to amend his complaint.

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 the moving party is entitled to judgment as a matter of law.

Frakes v. Peoria School District No. 150 · filed 2014-06-20(c)

Summary judgment is appropriate if the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, reveal that no genuine issue of material fact exists and that the moving party is clearly entitled to a judgment as a matter of law.

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

Fonseca v. Clark Constuction Group, LLC · filed 2014-06-23(c)

Summary judgment is appropriate when the pleadings, admissions, and affidavits show that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

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

Carlson v. Chicago Transit Authority · filed 2014-06-23

Section 2-1005 of the Code of Civil Procedure (Code) (735 ILCS 5/2-1005 (West 2010)) provides for summary judgment when the pleadings, depositions, and admissions on file, together with any 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. ... However, after considering the pleadings, depositions, and videotape in the light most favorable to plaintiffs, we conclude that no genuine issue of material fact exists because no evidence supports plaintiffs’ assertion that defendants breached the duty owed to plaintiffs.

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.

Dohrmann v. Swaney · filed 2014-06-26(c)

Summary judgment is proper when the pleadings, affidavits, depositions and admissions of record, construed strictly against the moving party, show there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In the instant case, the circuit court properly granted summary judgment in favor of the Estate where there was no genuine issue as to any material fact.

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.

Feliciano v. Geneva Terrace Estates · filed 2014-06-26(c)

A court should grant a motion for summary judgment 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 2012).

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.

Xeniotis v. Satko · filed 2014-06-30

Summary judgment is proper where 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 (West 2010). ... The record supports the trial court's conclusion that a question of fact exists concerning whether Dr. Satko informed Xeniotis of the risks and alternatives of the implant procedure. Hence, the trial court properly denied Xeniotis's request for partial summary judgment.

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.

Chamness v. Mays · filed 2014-08-04(c)

Because the pleadings, depositions, and admissions on file show that there was no genuine issue of material fact and the moving party was entitled to a judgment as a matter of law, we affirm the trial court's order granting the defendants' motion for summary judgment.

Section 2-1005(c) permits summary judgment only when the record, viewed favorably to the nonmovant, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Bank of American, N.A. v. Cannonball LLC · filed 2014-08-07(c)

Summary judgment is appropriate only where the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmovant, show 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 2010).

Section 2-1005 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.

Indian Harbor Insurance Co. v. MMT Demolition, Inc. · filed 2014-08-11

Summary judgment is appropriate only 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 moving party 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.

Dohrmann v. Swaney · filed 2014-08-21(c)

In the instant case, the circuit court properly granted summary judgment in favor of the Estate where there was no genuine issue as to any material fact.

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.

Michael v. Pella Products, Inc. · filed 2014-08-28(c)

Summary judgment is proper 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.” Schultz v. Illinois Farmers Insurance Co., 237 Ill. 2d 391, 399 (2010) (citing 735 ILCS 5/2-1005(c) (West 2008)).

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.

Board of Trustees of The Riverdale Police Pension Fund v. Village of Riverdale · filed 2014-08-28(c)

Summary judgment should be granted where the pleadings, depositions, and admissions on file, together with the affidavits, demonstrate 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 2010).

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.

Feliciano v. Geneva Terrace Estates Homeowners Ass'n · filed 2014-08-29(c)

A court should grant a motion for summary judgment 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.”

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.

Xeniotis v. Satko · filed 2014-09-02

Summary judgment is proper where 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 (West 2010). ... Because the alleged failure of a medical professional to conform to the standard of disclosure in an informed consent case must be proven by expert medical evidence (Jabaay, 117 Ill. App. 3d at 6), Xeniotis’s failure to provide this evidence entitled Dr. Satko to summary judgment as a matter of law.

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

Argonaut Midwest Insurance Company v. Morales · filed 2014-09-03(c)

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

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.

Pattullo-Banks v. The City of Park Ridge · filed 2014-09-05(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 2008). ... The trial court granted summary judgment on an improper basis and its judgment must be reversed.

Section 2-1005(c) 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.

Bowman v. The Chicago Park District · filed 2014-09-05(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 2010). ... We must reverse the trial court’s grant of summary judgment which was granted solely on the basis that a 13-year-old was not an intended user of the slide.

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

Heartland Bank and Trust Company v. The Leiter Group · filed 2014-09-12(c)

Because there are no genuine issues of material fact that Leiter converted Heartland’s security interest, Heartland was 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.

Chamness v. Mays · filed 2014-09-15(c)

Because the pleadings, depositions, and admissions on file show that there was no genuine issue of material fact and the moving party was entitled to a judgment as a matter of law, we affirm the trial court’s order granting the defendants’ motion for summary judgment.

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

Mack v. Viking Ski Shop, Inc. · filed 2014-09-24

Summary judgment is proper where the pleadings, admissions, depositions and affidavits demonstrate there is no genuine issue as to any ... material fact so that the movant is entitled to judgment as a matter of law. Ioerger v. Halverson Construction Co., Inc., 232 Ill. 2d 196, 201 (2008); 735 ILCS 5/2-1005 (West 2010). ... Because the record presents no genuine issue of material fact, defendant was entitled to summary judgment as a matter of law.

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.

North Shore Community Bank and Trust Company v. Sheffield Wellington, LLC · filed 2014-09-26(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 2008).

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.

Seymour v. Collins · filed 2014-09-29(c)

Summary judgment is appropriate when the pleadings, depositions, admissions, and 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.

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.

Jacobson v. CBS Broadcasting, Inc. · filed 2014-09-30(c)

Summary judgment should be granted where the pleadings, depositions, admissions, and affidavits 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 2008); Farmers Automobile Insurance Ass'n v. Williams, 321 Ill. App. 3d 310, 314 (2001).

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.

Central Mutual Insurance Company v. Tracy's Treasures, Inc. · filed 2014-09-30(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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2008).

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.

Heartland Bank and Trust Co. v. Leiter Group · filed 2014-10-24(c)

Summary judgment is proper when the pleadings, depositions, admissions on file and affidavits, if any, 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 2010). ... Because there are no genuine issues of material fact that Leiter converted Heartland’s security interest, Heartland was entitled to judgment as a matter of law. The trial court did not err in granting summary judgment in Heartland’s favor.

Section 2-1005(g) permits amendment of pleadings after summary judgment on just and reasonable terms, subject to the trial court’s discretion.

Bank of America, N.A. v. Basile · filed 2014-10-27(g)

Section 2-1005(g) of the Code of Civil Procedure (the Code) expressly provides, in pertinent part, that "after the entry of a summary judgment, the court shall permit pleadings to be amended upon just and reasonable terms." (Emphasis added.) 735 ILCS 5/2-1005(g) (West 2010). ... In light of all these facts, we hold the circuit court did not abuse its discretion in denying defendants’ motion to file an amended answer and affirmative defenses after summary judgment was entered.

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.

Jacobson v. CBS Broadcasting, Inc. · filed 2014-10-28(c)

Summary judgment should be granted where the pleadings, depositions, admissions, and affidavits 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.

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

Szczesniak v. CJC Auto Parts, Inc. · filed 2014-10-29(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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012). ... As plaintiff has pointed to no evidence indicating that Officer Thiede lacked probable cause, he has not demonstrated the existence of a genuine issue of material fact, and summary judgment was properly granted as to this element of malicious prosecution.

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.

Central Mutual Insurance Co. v. Tracy's Treasures, Inc. · filed 2014-11-17(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 a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2008).

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.

Lake County Grading Co. v. Village of Antioch · filed 2014-11-24(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 2008).

Section 2-1005(c) does not require a summary judgment movant to submit rebuttal affidavits when the opposing affidavits, taken as true, do not prevent summary judgment.

Seymour v. Collins · filed 2014-11-25(c)

Even with plaintiffs’ affidavits taken as true, they did not show that summary judgment was improper. Thus, defendants were not required to submit any affidavits contrary to those relied upon by plaintiffs. See 735 ILCS 5/2-1005(c) (West 2012) (affidavits are not the only option by which a party may support its motion for summary judgment).

Section 2-1005(c) 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.

North Shore Community Bank & Trust Co. v. Sheffield Wellington, LLC · filed 2014-11-25(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 2008).

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.

Mack v. Viking Ski Shop, Inc. · filed 2014-11-25

Because the record presents no genuine issue of material fact, defendant was entitled to summary 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.

Jacobson v. CBS Broadcasting, Inc. · filed 2014-11-26(c)

Summary judgment should be granted where the pleadings, depositions, admissions, and affidavits 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 2008); Farmers Automobile Insurance Ass’n v. Williams, 321 Ill. App. 3d 310, 314 (2001).

Section 2-1005(c) 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.

American Service Insurance Company v. Iousoupov · filed 2014-12-12(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 2008).

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.

Nationwide Financial, L.P. v. Pobuda · filed 2014-12-29(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 2012).

Section 2-1005(c) requires a party opposing summary judgment to controvert the moving party's evidence; unsupported pleading allegations do not create a genuine issue of material fact.

Citimortgage v. Bukowski · filed 2015-01-21(c)

A party defending against summary judgment is not entitled to rely on the allegations of her pleading to raise a genuine issue of material fact, but must affirmatively controvert evidence adduced by the moving party.

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.

Margulis v. BCS Insurance Company · filed 2015-01-27(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 2012).

Section 2-1005(c) 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.

American Service Insurance Company v. Iousoupov · filed 2015-01-29(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.”

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.

Alvarez v. Williams · filed 2015-01-29

Summary judgment is proper where the pleadings, admissions, depositions and affidavits demonstrate there is no genuine issue as to any material fact so that the movant is entitled to judgment as a matter of law. Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201 (2008); 735 ILCS 5/2-1005 (West 2012). ... After the hearing, the trial court determined that there was no issue of material fact and we find nothing in the record suggesting the court ruled improperly on summary judgment at that time.

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.

Farmers Automobile Insurance Association v. Neumann · filed 2015-02-05(c)

Summary judgment is appropriate 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 2010).

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.

Rahic v. Satellite Air-Land Motor Service, Inc. · filed 2015-02-09(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions on file, together with the affidavits, show an absence of any genuine issue of material fact and entitlement to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012). ... Thus, the trial court did not err in granting summary judgment as to count I of the fourth amended complaint.

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.

Black v. Dart · filed 2015-02-20

This court's function is to determine whether the court correctly found that no genuine issue of material fact existed and that judgment for the moving party was proper as a matter of law. ... Accordingly, based upon the plain language of sections 4-103 and 2-201 of the Act and the lack of any genuine issue of material fact, we see no basis to disturb the allowance of summary judgment for the Sheriff.

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.

West Bend Mutual Insurance Company v. Athens Construction Company, Inc. · filed 2015-03-16(c)

Summary judgment is proper if the pleadings, depositions, and admissions on file, together with the affidavits, if any, 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 2012).

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

Illinois Tool Works Inc. v. Travelers Casualty and Surety Company · filed 2015-03-17

Summary judgment is appropriate 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, thereby entitling the moving party 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.

Old Second National Bank v. Indiana Insurance Company · filed 2015-03-20

Summary judgment is an appropriate means to dispose of an action where there are no genuine issues of material fact and 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.

O'Gorman v. F.H. Paschen · filed 2015-03-20(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.”

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.

National Union Fire Insurance Company of Pittsburgh, PA v. DiMucci · filed 2015-04-02(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 2012).

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

Aurora Bank FSB v. Perry · filed 2015-04-08(c)

Such a judgment is proper where the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmoving party, reveal 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 2010).

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 movant is entitled to judgment as a matter of law.

Aurora Bank FSB v. Perry · filed 2015-04-24(c)

Such a judgment is proper where the pleadings, depositions, admissions, and affidavits, viewed in the light most favorable to the nonmoving party, reveal 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 2010).