among other things, that they violated the Americans with Disabilities Act (ADA) by denying her
access to the premises. The matter was settled by a Confidential Settlement Agreement between
the plaintiff in the federal action and Landlord, without a finding of fault. Marc S. Shore,
Managing Member of Landlord, avers in his affidavit in support of Landlord's motion in this
action that Landlord paid $8,000 to the plaintiff's counsel on October 4, 2017, and that after the
settlement was consummated, the ADA action was dismissed and discontinued as to all parties.
On June 29, 2017, while the federal action was pending, Tenant vacated the store, a day
before the expiration of the lease. By letter dated August 7, 2017, from Mr. Shore to Kee Ling
Tong, founder and President of Tenant, Mr. Shore noted that Tenant vacated the premises on or
about June 29, 2017 and stated that it was "currently in possession of a security deposit made by
[Tenant] in the amount of $10,272.00" (Landlord's exhibit N [letter]). Mr. Shore added that it
would retain the "full amount of the security deposit" if Tenant did not reimburse Landlord for
attorneys' fees and expenses incurred in the federal action in the amount of $4,336.00 and if
Tenant did not "guaranty payment of all future amounts incurred" by Landlord (id.). Mr.
Shore asserted that Tenant was obligated to indemnify Landlord pursuant to paragraphs 6, 8 and
19 of [*2]the lease.
On August 16, 2017, Tenant's counsel sent Landlord's counsel an email in response to
Landlord's letter dated August 7, 2017. Tenant's counsel demanded that Landlord's counsel return
the security deposit to Tenant and stated that the deposit should have been returned "upon