In Partnership 92 W. v. Woods, 186 Misc 2d 445 [App Term, 1st Dept 2000] the original lease could not be produced, and the holdover petition's prayer for relief sought, among other things, "rent and use and occupancy and legal fees." (Id.) These statements, according to the court, did "not have the force of a judicial admission which would concede the existence of a fees provision." (Id.) T he tenant was not entitled to attorney fees, therefore, because the petition "did not allege the existence of a rental agreement in which the tenant agreed to pay reasonable attorneys' fees incurred by the landlord." (Id.)