Real Property Law § 234 provides that a tenant may be eligible to recover attorneys' fees from a landlord where the governing lease permits fees and a breach of the lease is alleged. Here, no breach of the lease is alleged. The plaintiffs seek to reform the lease so as to remove the provision granting the defendants exclusive use of the backyard, and seek prospective declaratory and injunctive relief in that regard. The statute is not applicable.
Mulholland v. Moret, NY Slip Op 03375 (2d Dep't May 9, 2018)
Here is the decision.
