Appeal from an order of the Civil Court of the City of New York, Richmond County (Marina Mundy, J.), dated April 3, 2007, deemed from the final judgment entered on the same date (see CPLR 5512 [a]; Dimino v Efficiency Enters. Inc., 41 AD3d 421 [2007]). The final judgment, entered pursuant to the April 3, 2007 order denying tenant's motion for summary judgment and granting landlord's cross motion for summary judgment, awarded landlord possession and the sum of $8,550 in a nonpayment summary proceeding.

Final judgment affirmed without costs.
In this nonpayment proceeding, tenant moved for summary judgment dismissing the petition on the ground that the building in which she resides is an unregistered multiple dwelling (see Multiple Dwelling Law § 325 [2]). The building has two addresses, with two apartments at each address. The two addresses share no internal passageways and have separate entrances, separate electric service, separate sewerage systems, and separate certificates of occupancy. However, the two addresses are located in one structure, and thus share a common roof, front steps and lawn. They also share heating and hot water systems, and they are owned and taxed in common with several neighboring addresses. An inspector from the Department of Housing Preservation and Development, sent by the Housing Court to inspect the premises, found that the building is a "two two family" dwelling. On these facts, the court below denied tenant's motion for summary judgment and, finding that landlord had established a prima facie case and that tenant had no other defense, granted a cross motion by landlord for summary judgment.
In the circumstances presented, the court below properly ruled that the two addresses are not a horizontal multiple dwelling (see Matter of Salvati v Eimicke, 72 NY2d 784, 792 [1988]; [*2]Yahudaii v Lawson, 2 Misc 3d 5 [App Term, 2d & 11th Jud Dists 2003]; Howell v Francesco, 195 Misc 2d 844 [App Term, 2d & 11th Jud Dists 2003]). Accordingly, we affirm the final judgment in favor of landlord.
Weston Patterson, J.P. and Rios, J., concur.
Decision Date: February 07, 2008