Upon prevailing in the declaratory judgment action (Index No. 601254/04), defendants were entitled under the plain terms of the governing net lease to an award of attorneys' fees incurred in the action's defense. The net lease provided in relevant part that "Lessee shall indemnify and save Lessor harmless from and against all . . . costs and expenses including attorneys' fees . . . due to or arising out of or from . . . [a]ny breach, violation or non-performance of any covenants...
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