First Lease. The essential elements of a breach of contract cause of action are the existence of a
contract, the plaintiff's performance pursuant to the contract, the defendant's breach of its
contractual obligations, and damages resulting from the breach (see Plainview Props. SPE, LLC v County
of Nassau, 181 AD3d 731, 733 [2d Dept 2020]).
Here, plaintiffs allege that defendants defaulted under the terms of the First Lease by failing
to pay the rent due, in the sum of $69,300.00; that defendants are liable to Owner for expenses, in
the sum of $18,032.00, incurred in putting the Subject Apartment in good condition for re-rental;
and that the Trustees are entitled to recover damages for legal fees and expenses incurred as a
result of defendants' default.
Article 17 of the First Lease states, in part:
"REMEDIES OF OWNER AND YOUR
LIABILITY
If the Lease is ended by Owner because of your
default, the following are the rights and obligations of You and Owner ... .
(c) Whether the Apartment is re-rented or not, You must pay to
Owner as damages ...
(2) Owner's expenses for advertisements,
broker's fees and the cost of putting the Apartment in good condition for re-rental;
and
(3) Owner's expenses for attorney's fees"
(First Lease, supra). Article 19 states, in part:
"FEES AND EXPENSES
Owner's Right. You must
reimburse Owner for any of the following fees and expenses incurred by Owner:
...
(5) Any legal fees and disbursements for legal
action or proceedings brought by Owner against You because of a Lease default by You or for
defending lawsuits brought against [*6]Owner because of your
actions ...;
(7) All other fees and expenses incurred by Owner
because of your failure to obey any other provisions and agreements of this
Lease"
(id.).