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VILLAFANE v. INDUSTRIAL CONSTR. MGT., LTD.

481, 300330/09.

137 A.D.3d 526 (2016)

25 N.Y.S.3d 886

2016 NY Slip Op 01753

GEORGE L. VILLAFANE, Appellant, v. INDUSTRIAL CONSTRUCTION MANAGEMENT, LTD., Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 10, 2016.

Defendant failed to establish prima facie that it is an out-of-possession landlord with no right of reentry or maintenance (see Vasquez v RVA Garage, 238 A.D.2d 407 [2d Dept 1997]). In addition to testimony as to the terms of an oral lease agreement with the commercial tenant, defendant offered only a carefully tailored affidavit by the tenant's principal, who is also the mother of defendant's principal. This evidence is not sufficient...

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