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New York Real Estate Law Reporter

May 2025
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How the Kasowitz Decision Puts Attorney Fee Provisions in Proprietary Leases on Shaky Ground Image

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

Robert J. Braverman

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.

Columns & Departments

Real Property Law Image

Real Property Law

New York Real Estate Law Reporter Staff

City Holds Easement to Property Sold At Tax ForeclosureNo Summary Judgment on Adverse Possesson Claim Against Town Land Absent Proof That Town Established Property As a Public Street

Development Image

Development

New York Real Estate Law Reporter Staff

Selective Enforcement Claim Against Town DismissedPlanning Board Had Authority to Relieve Owner from Subdivision ProhibitionState Law Did Not Pre-Empt ZBA Authority to Deny Natural Resources Special Permit

Columns & Departments

Co-ops and Condominiums Image

Co-ops and Condominiums

New York Real Estate Law Reporter Staff

Board Lacked Authority to Mandate Replacement of In-Unit WindowsLiquidated Damages Provision for Construction Delay Did Not Constitute Unenforceable Penalty

Columns & Departments

Landlord & Tenant Law Image

Landlord & Tenant Law

New York Real Estate Law Reporter Staff

State and City Prohibitions on Housing Discrimination Do Not Permit Suit Against a City

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