Opinion
September 30, 1987
Appeal from the Supreme Court, Erie County, Ricotta, J.
Present — Dillon, P.J., Doerr, Boomer, Pine and Lawton, JJ.
Order unanimously affirmed with costs. Memorandum: The court properly dismissed the complaint pursuant to CPLR 3211 for failure to state a cause of action. With respect to the sixth cause of action asserting a violation of Real Property Law § 235-f, plaintiff has failed to allege damages. Although he does allege that he expended attorney's fees in opposing the eviction notice and bringing this action, under the general rule, absent an express contractual allegation or specific statutory authority, such expenses are not recoverable as an item of damages (see, Matter of A.G. Ship Maintenance Corp. v. Lezak, 69 N.Y.2d 1, 5; Mighty Midgets v. Centennial Ins. Co., 47 N.Y.2d 12, 21-22; Dunkel v. McDonald, 272 App. Div. 267, 272, affd 298 N.Y. 586; Clason v. Nassau Ferry Co., 20 Misc. 315, affd 27 App. Div. 621).