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LEE CHEN, pet-res v. LAWRENCE RAY, res.-app -AND- JOHN DOE(S) AND JANE DOE(S), res

15-391. LEE CHEN, pet-res v. LAWRENCE RAY, res.-app -AND- JOHN DOE(S) AND JANE DOE(S), res — Final judgment (Sabrina B Kraus, J.), entered on or about March 6, 2015, affirmed, with $25 costs.

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15-391. LEE CHEN, pet-res v. LAWRENCE RAY, res.-app -AND- JOHN DOE(S) AND JANE DOE(S), res — Final judgment (Sabrina B Kraus, J.), entered on or about March 6, 2015, affirmed, with $25 costs.

We sustain the possessory judgment awarded to petitioner upon the trial of this holdover proceeding. A fair interpretation of the evidence supports a finding that respondent was a mere licensee whose license to occupy the premises was revoked, and he has no right to continued possession (see RPAPL 713[7]). Respondent waived any defense based upon petitioner’s alleged lack of standing to maintain this proceeding, since respondent failed to raise that defense either in his answer or by way of a preanswer motion (see see Wells Fargo Bank Minn., N.A. v. Mastropaolo, 42 AD3d 239 [2007]). In any event, the documentary evidence submitted established that petitioner was entitled to maintain this proceeding as “the person entitled to possession of the property at the time of the license” (RPAPL 713[7]).

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