Partnership 92 West, L.P. v. Woods

*446OPINION OF THE COURT

Order dated April 27, 1999 reversed, with $10 costs, and tenant’s application for attorneys’ fees is denied. Appeals from orders dated January 4, 1999 and June 1, 1999 dismissed, without costs, as academic.

Tenant’s application for attorneys’ fees should have been denied since she failed to sustain her burden of proving that a lease was executed containing a provision for the recovery of litigation costs (see, Orlowski v Koroleski, 234 AD2d 436). Neither party has produced the original lease, which apparently dates back over three decades. There is no factual basis for…