9 Montague Terrace Assoc. v. Feuerer

*19OPINION OF THE COURT

Memorandum.

Order insofar as appealed from unanimously affirmed with $10 costs.

In this nonpayment proceeding, tenants moved to dismiss the petition on the ground that the building was not registered as a multiple dwelling. In opposition, landlord showed that it had now cured that objection by registering the building. The Housing Court dismissed the petition on the ground that the building was not registered when the proceeding was commenced but provided that the dismissal was without prejudice. Tenants appeal, arguing that the dismissal should have been with prejudice…