Green Point Savings Bank v. Fusco

OPINION OF THE COURT

Ronni D. Birnbaum, J.

Petitioner brings this holdover proceeding seeking posses*649sion of the first floor at 114 Dean Street based upon a deed acquired in foreclosure, pursuant to RPAPL 713 (5). The premises consist of a three-family building, for which the multiple dwelling registration (MDR) had expired. Respondent orally moved to dismiss the proceeding on the grounds that no current MDR exists for the premises.

It is well established that a current MDR is a prerequisite for nonpayment proceedings. (See, Multiple Dwelling Law § 325; Matter of Blackgold Realty Corp. v Milne,…