Washington Mutual Bank, Fa v. Peak Health Club, Inc.

New York Court of Appeals

Washington Mutual Bank, Fa v. Peak Health Club, Inc.

10 N.Y.3d 911

CourtNew York Court of Appeals

DecidedJune 12, 2008

StatusPublished

Cited by8 cases

This text of 10 N.Y.3d 911 (Washington Mutual Bank, Fa v. Peak Health Club, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Washington Mutual Bank, Fa v. Peak Health Club, Inc., 10 N.Y.3d 911 (N.Y. 2008).

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Opinion

10 N.Y.3d 911 (2008)

WASHINGTON MUTUAL BANK, FA, Respondent,
v.
PEAK HEALTH CLUB, INC., et al., Appellants, and
MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., et al., Respondents, et al., Defendants. (Action No. 1.)
MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., Respondent,
v.
PEAK HEALTH CLUB, INC., et al., Appellants, and
WASHINGTON MUTUAL BANK, FA, Respondent. (And a Third-Party Action.) (Action No. 2.)

Court of Appeals of the State of New York.

Submitted April 7, 2008. Decided June 12, 2008.

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the actions within the meaning of the Constitution. Forms of relief within a single cause of action cannot be expressly or impliedly severed (see Burke v Crosson, 85 NY2d 10, 18 n 5 [1995]). The unresolved issue as to a deficiency judgment renders the order in action No. 2 nonfinal.

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