| Washington Mutual Bank, FA v Peak Health Club, Inc. |
| Motion No: 2009-09641 |
| Slip Opinion No: 2010 NY Slip Op 86160(U) |
| Decided on October 26, 2010 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M110043
E/sl
STEVEN W. FISHER, J.P.
JOSEPH COVELLO
FRED T. SANTUCCI
PLUMMER E. LOTT, JJ.
|
2009-09641 Washington Mutual Bank, FA, etc., respondent, v Peak Health Club, Inc., et al., defendants, Arnold Marshel, appellant (and another title). 2005-07252, 2005-08021, 2005-11548, 2006-00063, 2006-07933 Washington Mutual Bank, FA, etc., 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., plaintiff-respondent, v Peak Health Club, Inc., et al., respondents-appellants, Washington Mutual Bank, FA, defendant 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) 2006-06650, 2006-09028 Merrill Lynch Business Financial Services, Inc., plaintiff-respondent, v Peak Health Club, Inc., et al., respondents-appellants, Washington Mutual Bank, FA, appellant-respondent. (Index Nos. 18977/03, 4068/04)
| DECISION & ORDER ON MOTION |
Motion by Arnold Marshel, East Coast Athletic Club, Inc., and Peak Health Club, Inc., for leave to appeal to the Court of Appeals from (1) a decision and order of this Court dated June 29, 2010, which determined an appeal from an amended judgment of the Supreme Court, Nassau County, entered September 30, 2009, (2) a decision and order of this Court dated February 26, 2008, which determined appeals from a decision of the same court dated June 13, 2005, three orders of the same court dated June 13, 2005, June 30, 2005, and December 9, 2005, respectively, and a money judgment of the same court entered March 29, 2006, and (3) a decision and order of this Court also dated February 26, 2008, which determined appeals from an amended order of the same court dated May 2, 2006, and an order and judgment of foreclosure and sale (one paper) of the same court entered August 7, 2006.
Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
ORDERED that the motion is denied.
FISHER, J.P., COVELLO, SANTUCCI and LOTT, JJ., concur.
ENTER:
Matthew G. Kiernan
Clerk of the Court