Opinion
December 30, 1999
Appeal from Order of Supreme Court, Monroe County, VanStrydonck, J. — Reargument.
Order unanimously affirmed without costs.
PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.
Memorandum:
Counsel fees are not recoverable in an action unless specifically provided for by statute or contract ( Marrotta v. Blau, 241 A.D.2d 664). According to the clear and unambiguous language of the parties' lease ( see, W.W.W. Assocs. v. Giancontieri, 77 N.Y.2d 157, 162; North Shore Equestrian Ctr. v. Long Island Univ., 225 A.D.2d 1108, 1109), only disputes concerning events of default may result in an award of counsel fees to the prevailing party. The present dispute does not constitute an event of default as that term is defined in the lease. Thus, Supreme Court properly denied that part of defendants' motion seeking counsel fees.