National Operating, L.P. v. Mutual Life Insurance

244 Wis.2d 839 (2001)

2001 WI 87

630 N.W.2d 116

NATIONAL OPERATING, L.P., Plaintiff-Appellant-Petitioner,

v.

MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, and Bridgeview Plaza Partnership, Defendants-Respondents.

No. 99-1119.

Supreme Court of Wisconsin.

Oral argument January 3, 2001.

Decided July 3, 2001.

For the plaintiff-appellant-petitioner there were briefs by Mark F. Foley, G. Michael Halfenger, David W. Simon, Rebecca E.W. Wegner and Foley & Lardner, Milwaukee, and oral argument by Mark F. Foley.

For the defendant-respondent, Mutual Life Insurance Company of New York, there was a brief by Thomas M.…