Elipas Enterprises, Inc. v. Silverstein

The plaintiffs, Elipas Enterprises, Inc. and James Elipas, filed a four-count complaint against the defendant, Robert Silverstein, based on alleged representations made to the plaintiffs by the defendant. Count III alleged a violation of the Consumer Fraud and Deceptive Business Practices Act (the Act) (Ill. Rev. Stat. 1989, ch. 121V2, par. 261 et seq.). The defendant filed a motion to dismiss pursuant to sections 2 — 615 and 2 — 619 of the Code of Civil Procedure (Ill. Rev. Stat. 1989, ch. 110, pars. 2 — 615, 2 — 619). The trial judge allowed the section 2 — 615 motion and dismissed the…