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MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC. v. PEAK HEALTH CLUB, INC.

48 A.D.3d 762 (2008)

851 N.Y.S.2d 876

MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., Respondent, v. PEAK HEALTH CLUB, INC., et al., Respondents-Appellants, and WASHINGTON MUTUAL BANK, FA, Appellant-Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided February 26, 2008.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the order and judgment of foreclosure and sale is modified, on the law, by adding a provision thereto declaring that the mortgage held by Merrill Lynch Business Financial Service, Inc., is superior in priority to the mortgage held by Washington Mutual Bank, FA; as so modified, the order and judgment of foreclosure and sale is affirmed insofar...

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