City of Syracuse § 27-125. We note that the lease includes a clause requiring
tenants to pay attorneys' [*3]fees if they breach the lease and,
pursuant to Real Property Law § 234, the tenant has the "same benefit [to attorneys'
fees as] the lease imposes in favor of the landlord" (Matter of Duell v Condon, 84 NY2d
773, 780 [1995]). We reject defendants' contention that plaintiffs abandoned their request for
attorneys' fees by failing to raise that issue in their appellate brief.
Finally, we reject plaintiffs' contention that the court erred in determining that David does not
have standing to commence this action. Pursuant to the terms of the addendum to the lease
agreement, David's interest in the security deposit was predicated on the default of Jenya, which
did not occur. Thus, Jenya's interest in the security deposit was not assigned to David, and he
therefore lacks standing to seek relief for defendants' alleged conduct with respect to the security
deposit (see generally Xavier Constr.
Co., Inc. v Bronxville Union Free Sch. Dist., 143 AD3d 976, 977 [2d Dept 2016]).
Present—Whalen, P.J., Lindley, DeJoseph and Winslow, JJ.