The following e-filed documents, listed by NYSCEF document number (Motion 005) 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 189, 190, 191 were read on this motion to/for JUDGMENT — SUMMARY. DECISION ORDER ON MOTION In 2018, plaintiff The Elsa Zegelstein Revocable Living Trust commenced this action to recover unpaid rent and for other breaches of a commercial property lease against corporate defendant Nanto MK Corp. (hereinafter, “Nanto”), as tenant, and individual defendants Kanaya Masahiro (or Mark Kanaya), Peter Cross, and Ying Jin Zhu as guarantors and/or principals of Nanto.1 Plaintiff, as the owner of the property at 235 East 60th Street, alleges that defendants owe rent as a month-to-month tenant since Nanto remained in possession of the first-floor office space after the expiration of the parties’ 5-year commercial lease running from December 31, 2009, through December 31, 2014. (NYSCEF doc. no. 1 at
9-10, 25-28, complaint.) It asserts causes of action for breach of contract (based upon the failure to pay rent and defendants’ alleged unauthorized improvements made to the building’s structure), an account stated, and “alter ego liability.” (Id., counts one through three.) In this motion sequence (005), plaintiff seeks to “amend its ad damnum clause and its pleadings” to reflect current invoices it says it is owed and for summary judgment pursuant to CPLR 3212 on each of its causes of action. (NYSCEF doc. no. 146, notice of motion.) In opposition, defendants cross move for summary judgment on plaintiff’s three causes of action under the same CPLR provision. (NYSCEF doc. no. 171, notice of cross motion; NYSCEF doc. no. 179, notice of cross motion.)2 BACKGROUND On November 25, 2009, an entity named “J and E Realty” entered into a commercial lease (“the Lease”) for the “235 East 60 street, first floor office, New York, N.Y. 10022″ with Nanto MK Corp. (NYSCEF doc. no. 149, lease agreement.) As co-owners of Nanto, Kanya Masahiro and Lian Hua Piao (id. at 73) each executed personal guarantees of Nanto’s obligations to pay rent. (NYSCEF doc. no. 150, personal guarantees). The lease term started on December 31, 2009, and was to end on December 31, 2014. The Lease had a $4,500 monthly rate in 2010, $5,000 in 2011 and 2012, and $5,250 in 2013 and 2014. In 2011, plaintiff alleges that Nanto, Kanaya, and Piao assigned Nanto’s assets, including its rights under the Lease, to Cross, Zhu, and an entity named Nanto Health & Relaxation Center, Inc. in violation of paragraph H, subsection P, which prohibits the transfer of the lease within 24 months after the commencement of the Lease. (See NYSCEF doc. no. 149; NYSCEF doc. no. 155, Nanto assignment and assumption of leases and contracts.) Both Cross and Kanaya dispute whether this assignment, if there was one, breached the Lease agreement. Specifically, they cite an email written by Ricky Zegelstein (Elsa Zegelstein’s daughter, who by this time was negotiating on her mother’s behalf due to her poor health), wherein she explained, “My mother said fine about taking over the lease pending good credit rating.” (NYSCEF doc. no. 181, October 2011 email; see also, NYSCEF doc. no. 177, Zhu affidavit ["At the meeting, Elsa told me that she was willing to approve the sale subject to receiving credit information from me"].)3 In the summer of 2014, Cross and Zhu began negotiating with Elsa and Ricky Zegelstein a renewal of the 2009 Lease. Cross and Zhu agreed, by email, to a new lease term that required them to pay $6,500 per month (see Nanto MK Corp. v. J&E Realty et al., NYSCEF index no. 650433/2015 [New York Supreme Court, Commercial Division, New York County], NYSCEF doc. no. 4, October 2014 emails between Ricky and Cross) and signed a proposed new lease dated January 1, 2015. In a separate email, Cross later informed Ricky that “this will confirm that I substituting [sic] myself for Mark Kanaya as the guarantor on the lease under the same terms that applied to Mark [Kanaya].” (NYSCEF doc. no. 158, January 2015 email.) Notwithstanding Cross or Zhu’s understanding, neither Elsa nor Ricky Zegelstein signed the proposed new lease and sent notice that it was terminating Nanto’s month-to-month tenancy and would need to vacate the building by March 1, 2015 (NYSCEF doc. no. 1 at
