Genesee Management, Inc. v. Bello

— Judgment unanimously affirmed, with costs, Schnepp, J., not participating. Memorandum: In these consolidated actions, defendant Dale Del Bello is the sole defendant in the action brought by plaintiffs. This appeal is from that part of the judgment, entered upon a nonjury trial, which dismissed plaintiffs’ complaint. The complaint alleges three causes of action: the first seeks damages for the nonpayment of rentals pursuant to the terms of a written lease; the second alleges that the lease provided for payment to the landlord of counsel fees incurred in enforcing obligations of the tenant…