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RTC MORTGAGE TRUST 1995-S/N1 v. R&C GENERAL CONTRACTORS CORP.

299 A.D.2d 469 (2002)

749 N.Y.S.2d 742

RTC MORTGAGE TRUST 1995-S/N1, Respondent, v. R&C GENERAL CONTRACTORS CORP. et al., Appellants-Respondents, et al., Defendants. BERNARD M. ALTER, Nonparty Respondent-Appellant.

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

Decided November 18, 2002.

Ordered that the judgment is modified, on the law, by deleting the first and second decretal paragraphs thereof, inter alia, awarding the plaintiff a deficiency judgment in the principal sum of $170,243.81; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendants R&C General Contractors Corp., Carmine Gargano, and Rose Gargano, payable by the plaintiff, and...

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