Where a defendant seeks dismissal under Sec. 2-619 of the Code of Civil Procedure alleging they are not the proper party, it is an affirmative matter and the burden of proving so falls on the defendant.The 1st District Appellate Court affirmed in part and reversed in part a decision from Cook County Circuit Judge Michael T. Mullen.On May 24, 2016, Sarfaraz Khan helped rescue a cat found by his home. Khan was concerned for the cat and called Fur Keeps Animal Rescue Inc. (Fur Keeps) to help, because it was injured. Khan …