National Bank of Albany Park v. S.N.H., Inc.

This is an appeal from a summary judgment granted upon plaintiffs motion and from an order denying a motion by third-party defendants for rehearing and vacation of the judgment. The judgment declared the subject lease terminated and the occupancy of the premises by defendant to be on a month-to-month tenancy. The issues on appeal are whether summary judgment was properly granted and whether there was a failure to join an indispensable party. We reverse and remand.

The following pertinent facts are not in dispute. On January 1, 1961, LaSalle National Bank, as trustee and lessor (Trustee),…