The following e-filed documents, listed by NYSCEF document number (Motion 001) 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER. DECISION + ORDER ON MOTION This matter was transferred to Part IV and the Court held argument on this motion on April 13, 2022. Following consideration of the parties’ submissions and arguments proffered on the record, the Court issues the instant decision and order. BACKGROUND In this commercial landlord/tenant action, plaintiff 323 Bleecker, as owner of the subject building at 323-325 Bleecker Street in the County, City and State of New York, moves for summary judgment to dismiss the affirmative defenses of co-defendants Maxluxe, Inc. (Maxluxe) and Manoucher Hedvat a/k/a Monoucher Hedvat (Hedvat; together, defendants), as well as for summary judgment on the complaint (motion sequence numbers 001). Plaintiff has brought four related actions against Hedvat and his businesses, which leased space in the subject building (NY Index Nos. 157714/2019; 157715/2019; 157716/2019). Maxluxe and 323 Bleeker executed a 14-year commercial lease for the building’s “North Store and Basement Beneath” that ran from February 1, 2009 through September 30, 2023 (the lease). Id.,
5, 16; notice of motion, exhibit 2. As relevant to this action, the “acceleration clause” contained in subparagraph 40 (b) states as follows: Notwithstanding anything to the contrary…, in the event that the Tenant [i.e., Maxluxe] intends to vacate and/or abandon the premises or does vacate and/or abandon the premises, whether said Tenant is then in default of any rental installment or in default of any other obligation of this Lease due and owing, the Landlord [i.e., 323 Bleeker] has the right to declare without notice the total rent reserved for the full term of this Lease to be then due and owing and may bring any legal action to collect such amount. This right is in addition to any other right and remedy which the Landlord may have in law or in equity, and an election of one remedy shall not constitute a bar to the pursuit of other remedies. Id., notice of motion, exhibit 2. On March 2, 2009, Hedvat, as principal of Maxluxe, executed a guaranty with 323 Bleeker on behalf of Maxluxe (the guaranty), the relevant provisions of which state as follows: A. The Undersigned [i.e. Hedvat] guarantees to Landlord [i.e., 323 Bleeker], its successors and assigns, that he/she shall pay to Landlord all base rent, Additional Rent and all other charges including but not limited to use and occupancy that have accrued or may accrue under the terms of the Lease (hereinafter collectively referred to as (‘Accrued Rent’), through and including the latest date that Tenant and its assigns, subtenants…if any, (hereinafter collectively referred to as ‘Tenant’) shall have completely vacated and surrendered possession of the premises (‘Vacate Date’) to the Landlord and have paid all rent and additional rent due through such Vacate Date. Upon the undersigned’s full compliance with the payment requirements of this Guaranty, the liability of [Hedvat] hereunder shall cease and terminate. B. The undersigned guarantees to Landlord, its successors and assigns that he/she will pay to Landlord any damages suffered or incurred by Landlord as a result of Tenant holding-over in the Demised Premises after the expiration or sooner termination of this Lease. C. It is agreed that any security deposited under the Lease shall not be computed as a deduction from any amount owed and payable by Tenant or the Guarantor under the terms of this Guaranty of Lease. D. This Guaranty is absolute and unconditional and is a Guaranty of payment and not of collection. The undersigned hereby waives all notice of non-payment, nonperformance, non-observance, or proof, notice, or demand, whereby to charge the undersigned therefore, all of which the undersigned waives and agrees that the validity of this Guaranty, and the obligation of the Guarantor hereto shall in no wise be terminated, affected or impaired by reason of the assertion by Landlord against Tenant of any of the rights or remedies reserved to Landlord pursuant to the performance of the within Lease. The undersigned further covenants and agrees that this Guaranty shall remain and continue in full force and effect, as to any renewal, modification or extension of the Lease and during any period when Tenant is occupying the premises as a ‘statutory tenant’ (including, but not limited to a month-to-month tenancy). As a further inducement to Landlord to make this Lease and in consideration thereof, Landlord and the undersigned covenants and agree that in any action or proceeding brought by either Landlord or the undersigned against the other on any matters whatsoever arising out of, under, or by virtue of the terms of this Lease or of this Guaranty that Landlord and the undersigned shall and do hereby waive trial by jury. E. The Guarantor shall reimburse Landlord for any and all reasonable costs incurred in connection with the enforcement of this Guaranty including without limitation Landlord’s reasonable attorney fees. See notice of motion, exhibit 5. 323 Bleeker, Maxluxe and Hedvat subsequently executed two lease modification agreements while Maxluxe occupied the unit (the first and second lease modifications). See verified complaint,
