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80 Delancey, LLC v Gee Hong Lee
2009 NY Slip Op 52141(U) [25 Misc 3d 131(A)]
Decided on October 22, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected in part through December 8, 2009; it will not be published in the printed Official Reports.


Decided on October 22, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

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

80 Delancey, LLC, Petitioner-Appellant,

against

Gee Hong Lee, Oun Y. Lee, Henry Lee,"John Doe" and/or "Jane Doe," Respondents-Respondents.


570368/09

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.


Per Curiam.

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

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 [1990]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 22, 2009