Dudek, Inc. v. Shred Pax Corp.

From the circuit court’s granting of plaintiff/counterdefendant’s (plaintiff’s) section 2—1401 (Ill. Rev. Stat. 1985, ch. 110, par. 2—1401) (section 2—1401) petition to vacate an order of dismissal for want of prosecution, defendant/counterplaintiff (defendant) appeals, claiming abuse of discretion in the vacatur.

In August of 1985, plaintiff filed a complaint alleging a breach of warranty against defendant, involving an industrial metal-shredding machine plaintiff purchased from defendant. When the complaint was filed, plaintiff was represented by the law firm Goldstein, Simon, Briskman,…