80 Delancey, LLC v. Lee

Full title: 80 DELANCEY, LLC, Petitioner-Appellant, v. GEE HONG LEE, OUN Y. LEE, HENRY…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: Oct 22, 2009

2009 N.Y. Slip Op. 52141 (N.Y. App. Term 2009)

901 N.Y.S.2d 906

Opinion

570386/09.

Decided October 22, 2009.

Petitioner appeals from an order of the Civil Court of the City of New York, New York County (Thomas M. Fitzpatrick, J.), dated March 27, 2009, which denied its motion for summary judgment in a licensee holdover summary proceeding.

Order (Thomas M. Fitzpatrick, J.), dated March 27, 2009, affirmed, with $10 costs.

PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ.

PER CURIAM.

We agree that this licensee holdover proceeding is not susceptible to summary disposition, there being triable issues as to whether petitioner's extended course of conduct, including its alleged acceptance of rent from respondents over a 14-year period, constituted a waiver of petitioner's right to object to respondents' continued occupancy of the premises ( see Park Holding Co. v Power, 161 AD2d 143).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.