The following e-filed documents, listed by NYSCEF document number (Motion 002) 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60 were read on this motion to/for JUDGMENT — SUMMARY. Upon the foregoing documents, and after oral argument, which took place on March 21, 2023, where Hal Beerman, Esq. appeared on behalf of the Plaintiff Chrysler East Building, L.L.C. (“Landlord”) and Matthew Livits, Esq. appeared on behalf of Defendant Abelman Frayne & Schwab (“Tenant”), Landlord’s motion for summary judgment is granted and Tenant’s cross-motion seeking an order allowing the parties to disclose settlement negotiations which are the subject of a non-disclosure agreement is denied. I. Background This is an action to recover allegedly unpaid rental arrears. Landlord commenced this action on July 8, 2021 via summons and complaint (NYSCEF Doc. 1). Landlord seeks (1) declaratory judgment on its first cause of action declaring that the lease between the parties was terminated by a termination notice; (2) termination damages in the form of pre-termination rental arrears, holdover use and occupancy, deficiency between the amount of rent expected during the unexpired portion of the lease term and the net amount of rent actually collected, liquidated damages, late charges, and interest; (3) in the alternative, damages related to unpaid rent, and (4) attorneys’ fees and expenses (id. at
16-40). Landlord alleges it is the owner of the building located at 666 Third Avenue, New York, NY (the “Building”) (id. at 4). Landlord alleges it and Tenant entered a commercial lease on August 6, 2014, (the “Lease”) wherein Tenant would lease the entire tenth floor and a portion of the basement of the Building (the “Premises”) for a term expiring May 31, 2026 (id. at 7). Landlord alleges that Tenant defaulted on its rent obligations from January 31, 2021 through March 8, 2021 and owed $437,918.05 in arrears (id. at 10). A default notice was sent to Tenant on March 12, 2021 which ultimately provided Tenant the opportunity to cure its default until April 2, 2021 (id. at 11). Tenant failed to cure, so Landlord sent a termination notice dated April 27, 2021, requiring Tenant to exit the premises on May 10, 2021 (id. at
