N.Y. Real Property Law § 234: Right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property

§ 234. Right to recover attorneys' fees in actions or summary

proceedings arising out of leases of residential property. 1. Whenever a

lease of residential property shall provide that in any action or

summary proceeding the landlord may recover attorneys' fees and/or

expenses incurred as the result of the failure of the tenant to perform

any covenant or agreement contained in such lease, or that amounts paid

by the landlord therefor shall be paid by the tenant as additional rent,

there shall be implied in such lease a covenant by the landlord to pay

to the tenant the reasonable attorneys' fees and/or expenses incurred by

the tenant as the result of the failure of the landlord to perform any

covenant or agreement on its part to be performed under the lease or in

the successful defense of any action or summary proceeding commenced by

the landlord against the tenant arising out of the lease, and an

agreement that such fees and expenses may be recovered as provided by

law in an action commenced against the landlord or by way of

counterclaim in any action or summary proceeding commenced by the

landlord against the tenant. A landlord may not recover attorneys' fees

upon a default judgment. Any waiver of this section shall be void as

against public policy.

2. Notwithstanding the provisions of subdivision one of this section,

where a tenant is a dwelling unit owner or shareholder of a cooperative

housing corporation, other than a cooperative housing corporation

subject to the provisions of article two, article four, article five or

article eleven of the private housing finance law, attorney's fees may

be awarded to either party in the event of default judgment if recovery

of attorney's fees is provided for in the proprietary lease or occupancy

agreement.