Graham Court Owners Corp. v. Taylor

In Graham Court Owners Corp. v. Taylor, 24 NY3d 742, 5 N.Y.S.3d 348, 28 N.E.3d 527 [2015], 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)