Limits on Recovering Legal Fees From Apartment Owners — Recent Developments

In an article published in the New York Law Journal, Eva Talel discusses a recent decision in which the Appellate Division, First Department unanimously held, as a matter of law, that a proprietary lease provision which requires that apartment owners pay a co-op’s attorneys fees in a litigated dispute, even when the co-op is determined to be the defaulting party, is unenforceable. 

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