Opinion
May 28, 1992
Appeal from the Supreme Court, New York County (Beatrice Shainswit, J.).
We agree with the IAS court that the grounds asserted by defendant for relief from the default judgment were all previously raised, addressed and rejected by the IAS court, this court and the Court of Appeals on defendant's prior appeal and motion for leave to reargue or appeal to the Court of Appeals ( 172 A.D.2d 157, appeal dismissed 78 N.Y.2d 908, rearg or lv denied, App. Div., 1st Dept, June 13, 1991).
Nor was it error for the IAS court to award plaintiff its reasonable attorneys' fees, an express contractual provision in the parties' lease agreement specifically providing for defendant's payment of plaintiff's costs and expenses, including legal and collection fees, of enforcement (Chase Manhattan Bank v. Marcovitz, 56 A.D.2d 763).
We have reviewed the defendant's remaining claims and find them to be without merit.
Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.