Legal Opinion

Salvation Army v. Gilmartin

Civil Court of the City of New York

Decided January 31, 1989Published

1Opinion of the Court

OPINION OF THE COURT

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, she is protected by the Rent Stabilization Law of 1969.

It is undisputed that at the time Ms. Gilmartin moved in, *716the…

2Cases cited4 opinions

  1. Cornerstone Baptist Church v. Rent Stablization Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
  2. Cornell University v. New York City Conciliation & Appeals BoardNew York Supreme Court · 1976
  3. Slaven v. Syracuse UniversityAppellate Division of the Supreme Court of the State of New York · 1983
  4. YMCA v. BrandtCivil Court of the City of New York · 1983

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