Corrugated Container Corp. v Skyway Container Corp., 37 AD2d 845.)
In this case, the obligations of the parties with respect to payment of legal fees are expressly set forth in paragraph 20 of the lease between the parties. Paragraph 20-A indicates the owner’s right to recover legal fees and paragraph 20-B sets forth the tenant’s complementary right. The owner’s rights against the tenant are expressed as follows: “You must reimburse Owner for any of the following fees and expenses incurred by Owner: (5) Any legal fees and disbursements for legal actions or proceedings brought by Owner against You because of a lease default by You or for defending lawsuits brought against Owner because of your actions.” With respect to the tenant’s rights, the lease provides as follows: “Owner agrees that * * * you have the right to collect reasonable legal fees and expenses incurred in a successful defense by you of a lawsuit brought by Owner against you or brought by you against Owner to the extent provided by Real Property Law, Section 234.” It is to be noted that the landlord’s right to recover legal fees is couched in the form of an indemnity agreement whereunder the tenant is to reimburse the landlord for legal fees and expenses incurred by him as enunciated in 379 Madison Ave. v Stuyvesant Co. (supra). However, the tenant’s right to legal fees conforms to the concept of Columbia Corrugated (supra), which permits the tenant to assert the claim as soon as the fees have been incurred, whether or not payment has been made, and within the same summary proceedings.