Despite a judge
throwing out the eviction claim against train station coffee lady Joyce Reynolds, her dispute with Maplewood Concierge boss
Art Christensen is not over yet.
Although Essex County Judge Mahlon Fast
ruled against Christensen's effort to evict Reynolds from her retail spot of 10 years last month, her lawyer contends that
Christensen is still not abiding by the lease. Diane O'Connell, who represents Reynolds, says Christensen must shutdown the
other tenant he has leased space to in the train station for several months.
"Given
that the judge dismissed the eviction, the terms of the lease endure," O'Connell said. "They should be abiding by
the terms of the lease, which has a non-compete clause."
O'Connell contends that that means Mintze Shay, who has been leasing space from Christensen
on the opposite end of the station, is not allowed to operate during the morning hours that Reynolds sells her goodies and
drinks. "They should have closed up the competing business."
The two sides appeared in court again on Friday, Sept. 11 over an injunction she
is seeking against Christensen and a restraining order. The judge said he will rule in coming weeks. More waiting.
Christensen says O'Connell is wrong and
Shay has the right to remain: "All the judge did was dismiss our case, but he did not set any order for us to do anything."
He says he is also planning to appeal the eviction dismissal.
Maplewood 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 had been set since then before the eviction trial
occurred last month.