§ 234. Right to recover attorneys' fees in actions or summary
proceedings arising out of leases of residential property. 1. Whenever a
lease of residential property shall provide that in any action or
summary proceeding the landlord may recover attorneys' fees and/or
expenses incurred as the result of the failure of the tenant to perform
any covenant or agreement contained in such lease, or that amounts paid
by the landlord therefor shall be paid by the tenant as additional rent,
there shall be implied in such lease a covenant by the landlord to pay
to the tenant the reasonable attorneys' fees and/or expenses incurred by
the tenant as the result of the failure of the landlord to perform any
covenant or agreement on its part to be performed under the lease or in
the successful defense of any action or summary proceeding commenced by
the landlord against the tenant arising out of the lease, and an
agreement that such fees and expenses may be recovered as provided by
law in an action commenced against the landlord or by way of
counterclaim in any action or summary proceeding commenced by the
landlord against the tenant. A landlord may not recover attorneys' fees
upon a default judgment. Any waiver of this section shall be void as
against public policy.

2. Notwithstanding the provisions of subdivision one of this section,
where a tenant is a dwelling unit owner or shareholder of a cooperative
housing corporation, other than a cooperative housing corporation
subject to the provisions of article two, article four, article five or
article eleven of the private housing finance law, attorney's fees may
be awarded to either party in the event of default judgment if recovery
of attorney's fees is provided for in the proprietary lease or occupancy
agreement.