Benjamin
Fox Tracy

Partner

917.657.9016

What I Do

My practice focuses on counseling clients in a wide array of transactions and litigation involving cooperatives, condominiums, and real estate developers.

I have extensive experience representing design professionals, developers, and cooperative and condominium boards in the negotiation of contracts related to construction projects. I have also represented those parties in construction-related litigations and disputes, including those involving claims of breach of contract, construction defects and delays, RPAPL § 881, quantum meruit, unjust enrichment, and mechanic’s lien foreclosures.

Before entering private practice, I served as an assistant corporation counsel in the Office of the Corporation Counsel for the City of New York. In that role, I defended the City of New York, its agencies, and high-level officials in proceedings before federal and state courts, as well as before administrative tribunals. I also directly advised the Office of the Mayor and commissioners of city agencies regarding various policy initiatives and negotiated construction contracts with contractors doing business with the Mayor’s Fund to Advance New York City.

Using my extensive experience, I strive to provide clients with sound advice on a broad range of issues in a cost-effective manner.

Who I Help

Condominium and cooperative boards
Real estate developers

Why I Enjoy What I Do

I have had the privilege of assisting with the development of several significant affordable housing projects throughout Manhattan, Brooklyn, and the Bronx. I’m proud that my work helps improve the lives of New Yorkers.

Credentials

Education

  • Touro Law Center, J.D., 2012, summa cum laude; research editor, Touro Law Review 
  • Fairfield University, B.A., 2006 

Bar & Court Admissions

  • New York 
  • Massachusetts 
  • U.S. District Court, Southern District of New York 
  • U.S. District Court, Eastern District of New York 

Honors

  • Lawdragon 500 X — The Next Generation (2024-2025) 
    • “RPAPL §881 Amendment Seeks to Clarify Adjacent Neighbor Access Issues,” New York Law Journal, August 2025 
    • “Appellate Division Clarifies RPAPL §881 Reimbursement Obligations,” New York Law Journal, April 2024 
    • “A Bird’s Eye View Of NYC’s New Parapet Inspection Law,” Law360, November 2023 
    • “People v. Larsen,” 27 Touro L. Rev. 503, 2011 
    • “Lego of My Technical Functionality: The Perpetual Evolution of the European Community’s Trademark Law in Comparison with the Law of the United States,” 14 Touro Int’l L. Rev. 412, 2011 

Outside the Office

  • Every February, I host a charity event called “The Champagne and Doughnuts Reception,” which raises money for a school for children with disabilities.
  • Despite the perpetual heartache, I am a die-hard fan of the New York Mets.

One Thing I Love About NYC

  • I love walking through Central Park. I proposed to my wife in the Mall, and I used to push my daughter in her stroller through the Central Park Zoo and Cherry Hill.

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