The following e-filed documents, listed by NYSCEF document number (Motion 002) 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 42, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 60 were read on this motion to/for SUMMARY JUDGMENT(AFTER JOINDER. DECISION + ORDER ON MOTION Upon the foregoing documents, and after oral argument, which took place on March 14, 2023, where Seth Moskowitz, Esq. appeared on behalf of Plaintiff Harvard Maintenance, Inc. (“Plaintiff”) and Anthony G. Mango, Esq. appeared on behalf of Defendants 14 So. Williamsport Holdings, LLC (“Williamsport”), Park Avenue Property Associates LLC (“Park Avenue”), and Circle Realty Group LLC (“Circle”), Plaintiff’s motion for summary judgment is granted. I. Background This contractual dispute arises from a difference in opinion on the meaning of the word “cleanable.” Plaintiff initiated this action by filing the Summons and Complaint on October 30, 2020 (NYSCEF Doc. 1). Plaintiff provides services related to building management, including cleaning services to numerous commercial buildings (NYSCEF Doc. 1 at 16). Two commercial buildings cleaned by Plaintiff are 14 Penn Plaza and 445 Park Avenue (collectively the “Subject Buildings”) (id. at 17). 14 Penn Plaza is owned by Defendant Williamsport (id. at 18). 445 Park Avenue is owned by Defendant Park Avenue (id.). Both Subject Buildings have their day-to-day management ran by Defendant Circle (id.). Plaintiff entered two contracts related to the Subject Buildings. The 14 Penn Plaza contract is dated February 2, 2015 and was signed by Defendant Williamsport (id. at 19). That contract calls for a vacancy credit of $.1316 per month to be applied to cleanable square footage (id. at 21). The agreement for 445 Park Avenue was also dated February 2, 2015 and mirrors the vacancy credit language for the 14 Penn Plaza contract (id. at 23). It was signed by Defendant Park Avenue. There is also language in both agreements which allow for attorneys’ fees to be recouped by Plaintiff in connection with collecting any amount owed (id. at 26). Plaintiff alleges that for four and a half years, there were no issues regarding performance under the contract (id. at 30). However, Plaintiff alleges that in October 2019, after Jay Futersak became the President of Circle Realty, he told Plaintiff that he did not believe the agreements were a “fair deal” for Defendants (id. at 31). Ultimately, the agreements were terminated on or around March 31, 2020 (id. at 32). Allegedly, by the end of March 2020, Defendant Williamsport owed $552,589.67 in unpaid fees while Park Avenue owed $425,709.61 (id. at 34). Apparently, some payments were made, as Plaintiff alleged that as of October 30, 2020, the balance on the Penn Plaza account was $59,137.66, while the 445 Park Avenue balance was $170,504.39 (id. at 43). Plaintiff alleges that in most instances, the amount of “cleanable square footage” was provided by Circle (id. at 40). During the course of the dispute, Plaintiffs allege that Defendants sought to calculate the vacancy credits based on a more expansive concept of rentable square footage (id. at 41). Based on the allegedly outstanding arrears, Plaintiffs assert (1) breach of contract; (2) quantum meruit; (3) account stated; (4) unjust enrichment, and (5) breach of the implied covenant of good faith and fair dealing. On November 11, 2020, Defendants filed their Answer with counterclaims (NYSCEF Doc. 5). Defendants assert that the allegedly remaining balance is attributed to unapplied vacancy credits (id. at
79-80). Defendants argue that they audited their books and records from the inception of the 2015 agreements and have concluded that Plaintiff failed to properly apply vacancy credits (id. at
