2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
234 - Tenants' right to recover attorneys' fees in actions or summary proceedings arising out of leases of residential property.

 
    § 234. Tenants' right to recover attorneys' fees in actions or summary
  proceedings  arising  out of leases of residential property.  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. Any waiver of this section shall be void as
  against public policy.