How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground

A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted litigation will be responsible for reimbursing the co-op corporation for the expenses incurred as a result of the breach, including the corporation’s reasonable attorneys’ fees. However, a recent decision from the Appellate Division, First Department has thrown this well-established concept into flux.

5 minute readApril 30, 2025 at 11:11 PM
By
Robert J. Braverman
How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground

A bedrock of living in a New York City co-op has been the notion that a tenant/shareholder who breaches their proprietary lease or drags their building into expensive and protracted

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