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TRAIN COFFEE DISPUTE GOES BACK TO COURT JULY 20 - DE LUCA TO TESTIFY

Will this year-long battle to evict ever end?

 

deluca.gifThe long-running Maplewood train station concession dispute will return to court on July 20, where both sides meet again in Essex County Landlord-Tenant Court on Tuesday.

And Mayor Vic de Luca is likely to testify.

Maplewood Concierge boss Art Christensen testified during the first day of the trial in which he is seeking to evict longtime coffee lady Joyce Reynolds from her space at the train station. He spoke last week in the proceedings before Judge Mahlon Fast.

"This is the first time I have given testimony in this," Christensen said after the proceedings. "I am only interested in preserving the concierge program for Maplewood."

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Reynolds' attorney, Diane O'Connell, says she plans to call Reynolds, her sister Elaine, and De Luca as witnesses at the next session. "I think given the fact that this is an issue of fact, it is helpful to bring in a third party to help understand the difference between he said-she said," O'Connell said about the choice of De Luca. "An unbiased third-party opinion."

De Luca declined to comment on the proceedings, citing his need to maintain a neutral position prior to testifying.

Last month, Christensen issued his latest eviction notice that required Reynolds to vacate her spot of 10 years by last Tuesday, he said. Months ago, Christensen signed up Mintze Shay, who has been selling food and drink throughout the day at a space across the station from Reynolds.

mural2.jpgMaplewood Concierge Company pays NJ Transit for the right to operate its mixture of retail in the train station. The dispute between Christensen and Reynolds began when her use and occupancy agreement ended in July 2008 and he notified her in writing that he wanted to forge a new agreement in which one entity would lease and run retail service for the entire train station space, including the morning coffee and food service, an evening food service, the newsstand concession, and the concierge pick-up services.

Reynolds, who pays $900 per months for her spot, had said she would like to remain in the current situation, but did not want to take over the entire operation of the station retail services, Christensen said. Her former attorney, Bruce Hersh contended her agreement allowed her that right and Christensen is not allowed to simply change the terms of the rental situation.

Christensen said he first offered the chance for Reynolds to operate the train station retail business as a whole and take on the extra responsibilities, but she declined. He said he then got Shay to agree to the new set-up and she began to take over weeks ago. Christensen has said he first spoke to Reynolds months ago about allowing her first crack at taking over the entire retail aspects of the train station, but says she declined. He first gave notice on Sept. 15 that she would have to leave, he says.

By Dec. 1, he says he did not hear any response and filed for eviction with Essex County Superior Court. Several court dates have been set since then, but they have been postponed because one side or the other could not make it.

Reynolds also has been seeking a restraining order against Christensen, claiming he wrongfully changed locks on some storage areas and a refrigerator. He contends she had been improperly using those spaces. That issue will face a judge after the eviction is settled, likely on July 28.

 

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