Benjamin Tracy

Benjamin Tracy

April 04, 2024 | New York Law Journal

Appellate Division Clarifies RPAPL §881 Reimbursement Obligations

A discussion of 1643 First LLC v. 1645 1st Ave. LLC, issued by the Appellate Division, First Department which attempts to reconcile conflicting decisions about a petitioner's obligation to reimburse a respondent's professional fees in a proceeding held pursuant to Section 881 of the RPAPL. The article analyzes the history of these fees including when they are needed and how counsel can avoid a trial court denying a professional fee reimbursement request.

By Benjamin Tracy

7 minute read