In Graham Court Owners Corp. v. Taylor, 24 NY3d 742, 5 N.Y.S.3d 348, 28 N.E.3d 527 , the court held that a clause identical to paragraph 16(D) (3) of the Lease in this action, triggered RPL § 234.
The court explained that the subject paragraph of the lease "titled 'Tenant's default,' sets forth the landlord' s remedies and the tenant's liabilities upon the tenant's failure to comply with a term or rule in the lease. the landlord's rights to attorneys' fees are set forth in clause (D)(3) . . . this section complies with the requirements of Real Property Law § 234 that the lease provide 'in any action or summary proceeding' for the landlord's recovery of attorneys' fees 'incurred as a result of the failure of tenant to perform any covenant or agreement contained in such lease'" (id. at 748)