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SALVATION ARMY v. GILMARTIN

151 Misc.2d 592 (1991)

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

Supreme Court, Appellate Term, First Department.

December 16, 1991

Attorney(s) appearing for the Case

Leonard Seiser for appellant. MFY Legal Services, Inc. (Wayne G. Hawley and Edward N. Simon of counsel), for respondent.

OSTRAU, P. J., PARNESS and MILLER, JJ., concur.

Per Curiam.

Order dated January 31, 1989 reversed, with $10 costs, and tenant's motion to dismiss the petition is denied.

While Civil Court properly determined that tenant's hotel dwelling unit is subject to the Rent Stabilization Law of 1969 (Administrative Code of City of New York § 26-506), the court erred in summarily granting tenant's motion to dismiss this holdover proceeding without addressing petitioner...

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