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The following e-filed documents, listed by NYSCEF document number (Motion 001) 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 were read on this motion to/for JUDGMENT-DEFAULT. DECISION + ORDER ON MOTION Upon the foregoing documents, it is ordered that Plaintiff’s motion for entry of a default judgment pursuant to CPLR 3215 is granted on default and without opposition, based upon the following memorandum decision Background In this action for breach of a commercial lease, plaintiff Zim Properties Corp. (“Zim”) moves for entry of a default judgment against defendant Anani Corp. (“Anani”). Zim does not seek entry of a default judgment against defendant Abdelrahman Elenanim (“Elenanim”). Zim is the record owner of 1618 Avenue M, Brooklyn, New York (NYSCEF Doc. No. 7, Zimbaro Aff. dated July 14, 2021, Exhibit A, Deed dated February 18, 1972 ["Deed"]). Zim and Anani are parties to a commercial lease whereby Zim leased the ground floor of the building located at 1618 Avenue M, Brooklyn, New York (the “premises”) for a term running from February 1, 2018 to January 31, 2028 (id., Exhibit B, Lease dated February 8, 2018 ["Lease"]). Relevant to the instant motion, the Lease provides that Anani would pay annual rent of $64,800.00 per year (id. at 1), increased every year by 3.5 percent over the previous year (id., 43). The lease further provides that if Zim, “in connection with any default by [Anani] in the covenant to pay rent hereunder…incurs any obligations for the payment of money, including but not limited to reasonable attorney’s fees in instituting, prosecuting, or defending any action or proceeding, such…obligations so incurred with interest and costs shall be deemed to be additional rent” (id. 19). Zim, by the affidavit of its corporate officer Louis Zimbaro, states that Anani vacated the premises prior to the expiration of the lease as of April 1, 2020 owing base rent, which at the time was paid at a monthly rate of $5,784.16 pursuant to the escalation clause in the Lease (Lease at 1, 43; Zimbaro Aff.,

8, 10-11). Anani failed to pay rent from April 1, 2020 through February 28, 2021, at which time Zim relet the premises to a new tenant (Zimbaro Aff.,

 
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