Washington Mut. Bank, FA, & c. v Peak Health Club, Inc.

Motion No: 455

Slip Opinion No: 2008 NYSlipOp 74447

Decided on June 12, 2008

Court of Appeals Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and subject to revision before publication in the Official Reports.

Washington Mutual Bank, FA, & c., Respondent, v. Peak Health Club, Inc., et al., Appellants, Merrill Lynch Business Financial Services, Inc., et al., Respondents, et al., Defendants. ————————————————- Merrill Lynch Business Financial Services, Inc., Respondent, v. Peak Health Club, Inc., et al., Appellants, Washington Mutual Bank, FA, Respondent. (And a Third-Party Action.)

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.