Villafane v. Industrial Construction Management, Ltd.
Cases that cite this one
2 later published cases cite this decision.
- Medina v. 217 LLC (Appellate Division of the Supreme Court of New York 2026)
- Cotter v. Lasco, Inc. (Appellate Division of the Supreme Court of New York 2021)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Order, Supreme Court, Bronx County (Howard H. Sherman, J.), entered March 27, 2015, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.
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 AD2d 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 to eliminate any material issues of fact from the case (see Winegrad v New York Univ. Med. Ctr., 64 NY2d 851 [1985]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.