81 Russell Street Associates v. Scott

*985OPINION OF THE COURT

Memorandum.

Final judgment unanimously modified by providing that the dismissed is without prejudice and as so modified affirmed without costs.

In this nonpayment proceeding, the petition alleges that the apartment is not subject to rent stabilization because the building in which the apartment is located has been substantially rehabilitated as family units on or after January 1, 1974. In support of this allegation, landlord’s witness testified at trial that when landlord bought the building in February 1988 it contained six residential units and a store, all of which were…