In Brusco v. Miller (639 N.Y.S.2d 246, 167 Misc2d 54) [NY App Term 1995]), the tenant claimed that the three-day rent demand was facially insufficient since it included a claim for attorney's fees. The court held that including a claim for such ancillary contractual damages in a three-day rent demand did not render said demand facially insufficient and that such contract claim can be a "proper subject of recovery in the summary proceeding, albeit they may only be the source of a money judgment" (at 56). Although the decision does not state whether the residential lease defined attorney's fees as additional rent, the contractual damages were "provided for in the parties' lease" (at 55).