Cortlandt court dismisses holdover case after finding retaliation

A Cortlandt Town Justice Court dismissed a landlord’s holdover petition with prejudice after finding that the proceeding was retaliatory, according to an April 13, 2026 court opinion. [Official opinion]

The landlord had sought possession and an eviction warrant. The respondents moved to dismiss, arguing that the proceeding followed complaints to outside agencies about conditions in the home. [Official opinion]

The landlord denied retaliation, pointing to an earlier holdover proceeding and arguing that the later complaints were made in bad faith. The court rejected that response and found the earlier proceeding did not defeat the presumption of retaliation in this case. [Official opinion]

The judge granted the motion to dismiss and dismissed the petition with prejudice, meaning the decision disposed of that petition rather than merely postponing it. The opinion also said factual assertions in both attorneys’ affirmations were inadmissible under the affirmation rule, while the court considered their legal arguments and other properly executed statements. [Official opinion]

The decision is dated April 13 and the published opinion says it was corrected in part through July 17, 2026. It does not establish the parties’ current circumstances or whether any later appeal or proceeding occurred. [Official opinion]