(67-25 Dartmouth St Corp v. Silbermann II, 8/11/93 N.Y.L.J. 24, col. 5 [App. Term 2d
and 11th Jud. Dists.]). Moreover, the agreement between the parties must provide for the
payment of late charges, (330 3rd Ave Corp v. Valli, 5/27/97 N.Y.L.J. 31, col. 5 [App.
Term 1st Dep't]), and the agreement must specifically provide that the late charges are
collectible as "additional rent." Park Towers Tenants Corp v. Gashi, 9/21/94 N.Y.L.J. 21,
col. 1 (App. Term 1st Dep't). See, generally, Parkchester Apartments v. Lewis,
4/22/98 N.Y.L.J. 27, col. 3 (Civ. Ct. Bronx Co.).Thus, the Courts will enforce late and
legal fee provisions of rental agreements when a landlord is required to proceed against
the tenant(s) for the payment of rent or for the breach of some other material term of the
lease, the necessary and reasonable legal fees when expressly agreed upon by the tenant
may lawfully be treated as additional rent and enforceable. 379 Madison Avenue Inc.
v. Stuyvesant Co., 242 App.Div. 567, 275 N.Y.S. 953, aff'd. 268 NY 576, 198 N.E.
412; Morningside v. Lucille, 70 Misc 2d 760, 334 N.Y.S.2d 735; Maplewood Mgmt.
v. Jackson, 113 Misc 2d 142, 448 N.Y.S.2d 966 (Dist. Ct. 1982). See also
CPMI, Inc. v. Kolaj, 65 AD3d 605, 885 N.Y.S.2d 496 (2009 NY Slip Op. 06231)
holding that a late opening charge of two commercial leases was a valid form of
liquidated damages, and not an unenforceable penalty. In upholding the trial court's
determination, the Appellate Division found that "a party has a right to recover attorneys
fee pursuant to the lease provision, and "recoverable fees are those that are reasonable"
citing Miller Realty Assoc. v. Amendola, 51 AD3d 987, 859 N.Y.S.2d 258.
In a case strikingly similar to the case at bar, the Appellate Division, Second