Appellate Division of the Supreme Court of the State of New York March 8, 2011 (Stellar Sutton LLC v. Dushey)

*486Paragraph 39 of the Contract of Sale provides, “In connection with any litigation arising out of this Agreement, the prevailing party shall be entitled to recover all costs, including reasonable attorneys’ fees” (emphasis added). Paragraph 22 addresses exclusively the lease agreements at issue and explicitly references defendants.