Senese v. Climatemp, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Determining the factual merits of a pleading instead of its legal sufficiency on a 2-615 motion to dismiss is error.”
• an affirmative defense is properly asserted in a section 2 — 615 motion only if the defense is apparent from the face of the complaint
• “In an action for a constructive trust, the complaint must allege a fiduciary relationship existed and must allege facts charging actual or constructive fraud.”
• laches properly raised in section 2 — 615 motion where an unreasonable delay appeared on the face of the complaint and the plaintiff failed to explain the delay
• court properly dismissed declaratory judgment action based on allegedly fraudulent transaction that took place 30 years prior
• an affirmative defense is properly asserted in a section 2-615 motion only if the defense is apparent from the face of the complaint

Source: CourtListener parenthetical corpus (CC0).