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SALVATION ARMY v. GILMARTIN

142 Misc.2d 715 (1989)

Salvation Army, Petitioner, v. Margaretta Gilmartin, Respondent.

Civil Court of the City of New York, New York County.

January 31, 1989

Attorney(s) appearing for the Case

Wayne G. Hawley and Edward N. Simon for respondent. Leonard Seiser for petitioner.

CAROL H. ARBER, J.

In 1968 Margaretta Gilmartin moved into room 207 of the Teny Eyck Troughton Residence at 145 East 39 Street and she has continued to live there up to the present. In 1988 the Salvation Army which owns the building instituted a holdover proceeding to evict her claiming that in 1968 she agreed to leave upon 30 days' notice. Ms. Gilmartin moved to dismiss the summary proceeding urging that, based on her continuous residence in the premises...

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