also "violated the terms of the proprietary lease" (NYSCEF No. 60 at ¶ 29), he does
not say that the contempt motion itself sought to enforce any rights under the
lease. And a contempt motion, by its nature, seeks to bring about compliance with a court
order (such as a so-ordered stipulation), not a private contract such as a lease. In any
event, defendant's memorandum of law describes the contempt motion as an effort "to
enforce [defendant's] rights pursuant to the Stipulations." (NYSCEF No. 76 at 20.)
Footnote 5:The court notes for the
parties' reference that any such further fee application may not seek fees incurred in
preparation of the application itself (so-called "fees on fees"), because the proprietary
lease does not reflect an unmistakable intent to permit recovery of fees on fees. (See Kaygreen Realty Co., LLC v
IG Second Generation Partners, L.P., 114 AD3d 641, 643 [2d Dept 2014].)