Kismer v. Antonovich

Plaintiff appeals an order of the trial court that denied her motion to set aside a summary judgment for defendant. Plaintiff’s amended complaint sought damages from defendant because of his alleged violation of an agreement with plaintiff regarding access across defendant’s property for the purpose of constructing a swimming pool in plaintiff’s back yard. At issue in the case is whether the trial court had discretion to permit the late filing of plaintiff's response to defendant’s request for admission of facts, filed pursuant to Supreme Court Rule 216 (87 Ill. 2d R. 216). We hold that the…