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Washington Mutual v. Peak Health

Court of Appeals of the State of New York
Jun 12, 2008
891 N.E.2d 306 (N.Y. 2008)

Opinion

Submitted April 7, 2008.

decided June 12, 2008.

Reported below, 48 AD3d 762, 793.


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.


Summaries of

Washington Mutual v. Peak Health

Court of Appeals of the State of New York
Jun 12, 2008
891 N.E.2d 306 (N.Y. 2008)
Case details for

Washington Mutual v. Peak Health

Case Details

Full title:WASHINGTON MUTUAL BANK, FA, Respondent, v. PEAK HEALTH CLUB, INC., et al.…

Court:Court of Appeals of the State of New York

Date published: Jun 12, 2008

Citations

891 N.E.2d 306 (N.Y. 2008)
10 N.Y.3d 911
861 N.Y.S.2d 271