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2026 NY Slip Op 50524

Citation
2026 NY Slip Op 50524
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

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1,735 chars
ORDERED, that the respondents' motion seeking to dismiss the holdover summary proceeding is hereby GRANTED, and it is further

ORDERED, that petitioner's petition seeking a final judgment awarding possession of the premises to the petitioner/landlord and issuing a warrant of eviction is hereby dismissed with prejudice, and the Clerk shall enter this Order and mark this matter off the Court's calendar.

DATED: April 13, 2026

Town of Cortlandt

HON. LIVIA RODRIGUEZ

Town of Cortlandt Justice

Footnotes

Footnote 1: The Court notes that there is no CLPR 3211 (2) (7). However, since the gravamen of respondents' argument is that the petition failed to state a cause of action, the Court will treat this motion as a motion to dismiss pursuant to CPLR 3211 (a) (7).

Footnote 2: The Court file for the prior summary proceeding notes that previous summary proceeding was filed with the Court on May 29, 2024. See also respondents' Exhibit "B".

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