Washington Mut. Bank, FA v Peak Health Club, Inc.
2010 NY Slip Op 05759 [74 AD3d 1333]
June 29, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


Washington Mutual Bank, FA, Respondent,
v
Peak Health Club, Inc., et al., Defendants, and Arnold Marshel, Appellant. (And Another Title.)

—[*1] Meyer, Suozzi, English & Klein, P.C., Garden City, N.Y. (Jeffrey G. Stark of counsel), for appellant.

Herrick, Feinstein, LLP, New York, N.Y. (Arthur G. Jakoby of counsel), for respondent.

Appeal by the defendant Arnold Marshel, as limited by his brief, from stated portions of an amended judgment of the Supreme Court, Nassau County (Warshawsky, J.), entered September 30, 2009.

Ordered that the judgment is affirmed insofar as appealed from, with costs for reasons stated by Justice Warshawsky at the Supreme Court. Fisher, J.P., Santucci, Miller and Lott, JJ., concur.