The following e-filed documents, listed by NYSCEF document number (Motion 006) 201, 202, 203, 204, 205, 206, 207, 208, 209, 210, 211, 212, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 226, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 260, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 293, 294, 295, 296, 297, 298, 299, 300, 301, 302, 303, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314 were read on this motion to/for Summary JudgmentThe following e-filed documents, listed by NYSCEF document number (Motion 007) 248, 249, 250, 251, 252, 253, 254, 255, 256, 257, 258, 259, 261, 272, 273, 274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285, 286, 287, 288, 289, 292, 315 were read on this motion to/for Summary JudgmentDECISION AND ORDER Motion sequence nos. 006 and 007 are consolidated for disposition herein.This dispute arises out an unpaid money judgment entered in plaintiff’s favor against defendant Valoc Enterprises, Inc. (Valoc). In motion sequence no. 006, plaintiff New Gold Equities Corp. moves, pursuant to CPLR 3212, for summary judgment on liability on the first, second, third, fifth and ninth causes of action. In motion sequence no. 007, defendants Valoc, Norman R. Berkowitz (Berkowitz), in his individual capacity, in his capacity as the Executor of the Estate of Rhoda Miller Goldman a/k/a Rhoda Miller and in his capacity as an officer and director of Valoc, and the Estate of Rhoda Miller Goldman a/k/a Rhoda Miller (Estate) (collectively, defendants) move, pursuant to 3212, for summary judgment dismissing the complaint against them.1 No party has moved for relief against defendant law firm Ballon Stoll Bader & Nadler, P.C. (Ballon), and Ballon did not submit papers in response to either motion.BACKGROUNDPlaintiff is the owner of real property located at 213-223 East 43rd Street and 214-226 East 44th Street, New York, New York (the Premises) (affirmation of Eric D. Sherman in support [Sherman affirmation in support], exhibit 1 [complaint], 6). Rhoda Miller (Miller) was Valoc’s president, officer, owner and sole shareholder until her death on June 24, 2012 (id.,
9-10). Her shares were then transferred to the Estate (Sherman affirmation in support, exhibit 6 [Berkowitz Dec. 10, 2014 deposition transcript] [Berkowitz 12/10/2014 tr] at 27). Berkowitz, the executor of the Estate, serves as Valoc’s secretary, treasurer and general counsel pursuant to an employment agreement dated May 1, 2003 (Sherman affirmation in support, exhibit 2 [answer], 12). Berkowitz is also a partner at Ballon (complaint 110).On January 1, 1959, plaintiff’s predecessor-in-interest and Valoc’s predecessor-in-interest entered into a triple net lease for the Premises that expired on December 31, 2012 (the Lease or the Leasehold) (answer
