RTC Mortgage Trust 1995-S/N1 v. R&C General Contractors Corp.

In an action to foreclose a mortgage on real property, the nonparty receiver, B. Mitchell Alter, appeals from an order of the Supreme Court, Kings County (Jackson, J.), dated July 15, 2005, which granted the motion of the defendants R&C General Contractors Corp., Carmine Gar gano, and Rose Gargano to resettle and modify a prior resettled order of the same court dated May 1, 2003.

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.…