The Appellate Term properly found, on the basis of the terms of the last lease between the parties containing an attorney's fees clause, that Civil Court had erred in denying such an award where landlord was the prevailing party in a holdover proceeding ( see, Cier Indus. Co. v Hessen, 136 AD2d 145; Museum of Modern Art v Kirk, 111 Misc 2d 1074, 1076). Tenant was on notice that the losing party could be assessed the legal fees of the prevailing party given the terms of the parties' last lease ( see, Real Property Law § 234).