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FIRST DIVISION
February 27, 2006

No. 1-04-3394
MC BALDWIN FINANCIAL COMPANY, a )
Partnership, TB INSTITUTIONAL )
SERVICES, INC., an Illinois Corporation, and ) Appeal from the

L.T. BALDWIN, III, ) Circuit Court of
) Cook County, Illinois. Plaintiffs-Appellants, )
v. ) No. 03 L 4686
) DiMAGGIO, ROSARIO & VERAJA, LLC, an ) Honorable Illinois Limited Liability Corporation, VICTOR J. ) Allen S. Goldberg, DiMAGGIO, III, ELIAS ROSARIO, CCS ) Judge Presiding. FINANCIAL SERVICES, INC., an Illinois ) Corporation, MICHAEL COGLIANESE and ) GINA L. COGLIANESE, )
)
Defendants-Appellees. )

JUSTICE GORDON delivered the opinion of the court:
Plaintiffs-appellants MC Baldwin Financial Company, TB Institutional Services, Inc.,
and L.T. Baldwin (hereinafter collectively Baldwin) appeal the circuit court's grant of summary
judgment to defendants DiMaggio, Rosario & Veraja, LLC, Victor J. DiMaggio III, and Elias
Rosario (hereinafter collectively DiMaggio1) and dismissal under section 2-619 of the Code of
1Baldwin's complaint named "DiMaggio, Rosario & Veraja, LLC," when, in fact, the firm
involved was "DiMaggio and Rosario LLC" (DiMaggio). The "Veraja" firm had nothing to do
with the subject of this litigation. Nevertheless, in its motion for summary judgment, DiMaggio
stated that regardless of Baldwin's error, it was filing its motion on behalf of the Veraja firm and
itself "in order to completely dispose of this lawsuit."  It further noted: "Should this summary
No. 1-04-3394
Civil Procedure (735 ILCS 5/2-619 (West 2004)) of their complaint against defendants CCS Financial Services, Inc., Michael Coglianese, and Gina Coglianese (hereinafter collectively Coglianese). Baldwin brought suit against DiMaggio and Coglianese alleging that they each breached contracts with Baldwin to provide accounting services and were professionally negligent. The circuit court granted DiMaggio's motion for summary judgment and Coglianese's motion for dismissal on the grounds that Baldwin's complaint was filed past the applicable two

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