1234 BROADWAY LLC, pet-land-app, v. SUI PING WONG AND YONG YOU, res-tent, -AND- CHUNGENG LIN, res-occ-res, -AND- JINLAN ZHENG, AND “JOHN AND/OR JANE DOE,” resocc

16-295. 1234 BROADWAY LLC, pet-land-app, v. SUI PING WONG AND YONG YOU, res-tent, -AND- CHUNGENG LIN, res-occ-res, -AND- JINLAN ZHENG, AND "JOHN AND/OR JANE DOE," resocc — Order (Bernadette G. Black, J.), dated February 29, 2016, insofar as appealed from, affirmed, with $10 costs.

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16-295. 1234 BROADWAY LLC, pet-land-app, v. SUI PING WONG AND YONG YOU, res-tent, -AND- CHUNGENG LIN, res-occ-res, -AND- JINLAN ZHENG, AND “JOHN AND/OR JANE DOE,” resocc — Order (Bernadette G. Black, J.), dated February 29, 2016, insofar as appealed from, affirmed, with $10 costs.

This holdover proceeding is not susceptible to summary dismissal. The evidence contained in the prediscovery record now before us raises material questions of fact as to the nature of respondent Lin’s entry into and occupancy of the subject single room occupancy unit — allegedly since 1992 when the building was owned by a predecessor landlord — and the viability of his defenses that he is a permanent tenant (see Rent Stabilization Code _2520.6[j]) and/or the successor tenant to his brother, nonparty Li Xia Lin (see RSC _2520.6[o], 2523.5[b][1]). These matters should be resolved following disclosure and, if necessary, a trial on the merits (see 157 East 89th St., LLC v. McAuliffe, 42 Misc 3d 143[A], 2014 NY Slip Op 50270[U] [App Term, 1st Dept 2014]; 494 Hudson LLC v. Estey, 24 Misc 3d 144[A], 2009 NY Slip Op 51786[U] [App Term, 1st Dept 2009]; Uptown Realty Group, L.P. v. Buffaloe, 6 Misc 3d 133[A], 2005 NY Slip Op 50164[U] [App Term, 1st Dept 2005]). Nor does the record at this procedural juncture permit the conclusion that respondent Lin is bound by the jury waiver provision of the lease executed by the nonappearing tenants.

1234 BROADWAY LLC, pet-land-app, v. SUI PING WONG AND YONG YOU, res-tent, -AND- CHUNGENG LIN, res-occ-res, -AND- JINLAN ZHENG, AND “JOHN AND/OR JANE DOE,” resocc

16-295. 1234 BROADWAY LLC, pet-land-app, v. SUI PING WONG AND YONG YOU, res-tent, -AND- CHUNGENG LIN, res-occ-res, -AND- JINLAN ZHENG, AND "JOHN AND/OR JANE DOE," resocc — Order (Bernadette G. Black, J.), dated February 29, 2016, insofar as appealed from, affirmed, with $10 costs.

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