WASHINGTON MUTUAL BANK, FA v. PEAK HEALTH CLUB, INC.


48 A.D.3d 793 (2008)

853 N.Y.S.2d 112

WASHINGTON MUTUAL BANK, FA, Appellant-Respondent, v. PEAK HEALTH CLUB, INC., et al., Respondents-Appellants, MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., et al., Defendants-Respondents, et al., Defendants. (Action No. 1.) MERRILL LYNCH BUSINESS FINANCIAL SERVICES, INC., Respondent, v. PEAK HEALTH CLUB, INC., et al., Respondents-Appellants, WASHINGTON MUTUAL BANK, FA, Defendant and Third-Party Plaintiff-Appellant-Respondent, et al., Defendants. A & N PLANNING SERVICES, INC., Third-Party Defendant-Respondent, et al., Third-Party Defendants. (Action No. 2.)

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

Decided February 26, 2008.


Ordered that the notice of appeal of Peak Health Club, Inc., East Coast Athletic Club, Inc., and Arnold Marshel from the decision is deemed to be a premature notice of appeal from the order dated June 30, 2005 (see CPLR 5520 [c]); and it is further,

Ordered that the appeal by Washington Mutual Bank, FA, from the decision is dismissed, as no appeal lies from a decision (see Schicchi v J.A. Green Constr. Corp., 100 A.D.2d 509

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