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


38 A.D.3d 639 (2007)

835 N.Y.S.2d 581

RTC MORTGAGE TRUST 1995-S/N1, Plaintiff, v. R&C GENERAL CONTRACTORS CORP. et al., Respondents, et al., Defendants. B. MITCHELL ALTER, Nonparty Appellant.

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

Decided March 13, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion to resettle and modify the prior resettled order is denied.

Once the plaintiff's motion for a deficiency judgment was denied (see RTC Mtge. Trust 1995-S/N1 v R&C Gen. Contrs. Corp., 299 A.D.2d 469 [2002]), the respondents no longer had any interest in the amount of funds remaining in the receiver's account (see RPAPL 1371 [3]). Since the...

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