2012 New York Consolidated Laws
RPP - Real Property
Article 8 - (240 - 282) CONVEYANCES AND MORTGAGES
282 - Mortgagor's right to recover attorneys' fees in actions or proceedings arising out of foreclosures of residential property.

 
    §  282.  Mortgagor's  right  to  recover attorneys' fees in actions or
  proceedings arising out of  foreclosures  of  residential  property.  1.
  Whenever a covenant contained in a mortgage on residential real property
  shall provide that in any action or proceeding to foreclose the mortgage
  that  the mortgagee may recover attorneys' fees and/or expenses incurred
  as the result of the failure of the mortgagor to perform any covenant or
  agreement contained in such  mortgage,  or  that  amounts  paid  by  the
  mortgagee therefor shall be paid by the mortgagor as additional payment,
  there  shall  be implied in such mortgage a covenant by the mortgagee to
  pay to the mortgagor the  reasonable  attorneys'  fees  and/or  expenses
  incurred  by the mortgagor as the result of the failure of the mortgagee
  to perform any covenant or agreement on its part to be  performed  under
  the  mortgage  or  in the successful defense of any action or proceeding
  commenced by the mortgagee against the  mortgagor  arising  out  of  the
  contract,  and an agreement that such fees and expenses may be recovered
  as provided by law in an action commenced against the  mortgagee  or  by
  way  of  counterclaim  in  any  action  or  proceeding  commenced by the
  mortgagee against the mortgagor. Any waiver of  this  section  shall  be
  void as against public policy.
    2. For the purposes of this section, "residential real property" means
  real property improved by a one- to four-family residence, a condominium
  that is occupied by the mortgagor or a cooperative unit that is occupied
  by the mortgagor.