Ordered that the order is affirmed insofar as appealed from, with costs to the respondent payable by the appellants.
The Supreme Court correctly determined that a mortgagee not in possession of real property is not an owner for purposes of the Multiple Dwelling Law (see, Multiple Dwelling Law § 4 [44]; McKinney's Cons Laws of NY, Book 1, Statutes §§ 74, 240; Fitzgerald v 667 Hotel Corp.,
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