Opinion
May 8, 1990
Appeal from the Supreme Court, New York County (Ethel B. Danzig, J.).
Plaintiff challenges defendant's entitlement to attorney's fees. In view of the reentry by the landlord, and the failure of plaintiff to vacate as required by the terms of the lease, defendant was entitled to recover as damages its legal expenses, including attorney's fees. Paragraph 19 of the lease provides, in relevant part, that should the tenant "default in the observance or performance of any term or covenant", then the landlord may "perform the obligation of the tenant thereunder", and recover as damages "in connection therewith * * * any obligations for the payment of money, including but not limited to attorney's fees, in instituting, prosecuting or defending any action or proceeding". We have previously held similar language to give rise to an entitlement to attorney's fees (Cier Indus. Co. v Hessen, 136 A.D.2d 145; compare, Hall Co. v. Orient Overseas Assocs., 84 A.D.2d 338, affd on opn of Ross, J., 56 N.Y.2d 965). Further, on the facts of this case, attorney's fees may be awarded for defense of the prior actions (Simithis v. 4 Keys Leasing Maintenance Co., 151 A.D.2d 339).
Concur — Murphy, P.J., Ross, Asch and Wallach, JJ.