termination of the lease on June 30, 2017" (Tenant's exhibit 10). Tenant's counsel asserted that
any costs incurred in the federal action were "entirely the result of [Landlord's] own conduct with
respect to [an] exterior step" (id.). Tenant's counsel also requested that Landlord's counsel
provide the name and address of the financial institution where the security deposit was
deposited and held, as well as the name on the account (id.). Tenant's counsel renewed
this request by letter dated October 10, 2017. Landlord claims that it provided the security
deposit information on November 2, 2017. It is undisputed that Landlord sent a notice on
December 18, 2017 requesting that Tenant pay unpaid real estate taxes. Landlord failed to return
the security deposit, and Tenant commenced this action.
II. Analysis
A. Landlord's Motion for Summary
Judgment
1. Landlord is not Entitled to Summary Judgment on its First
Counterclaim
Landlord's first counterclaim alleges that Tenant breached the lease by, among other things,
failing to indemnify Landlord for costs incurred in settling and defending the federal action and
by failing to comply with all federal, state, and local laws with respect to Tenant's use and
occupancy of the leased premises. The counterclaim alleges that Landlord is entitled to
indemnification under paragraphs 6, 8, and 19 of the lease. In its motion, Landlord also argues
that it is entitled to indemnification under paragraph 9 of the assignment agreement. Landlord
seeks the following damages plus prejudgment interest for Tenant's alleged breach: (1) $8,000.00
for the settlement payment plus interest from October 4, 2017, the date of payment; and (2)
$10,689.60 in legal fees and costs plus interest from the date of invoices submitted as Landlord's
exhibit P.