Benjamin Fox Tracy is Cutting Through Complexity in Co-op, Condo and Construction Law at Braverman Greenspun

Benjamin Fox Tracy parses the chaos of New York City real estate law with the precision of a litigator and the poise of a dealmaker. In a field known for its intricacies and high stakes, he brings courtroom grit and transactional savvy to the table, representing co-op and condo boards, developers and design professionals in everything from bet-the-building disputes to high-wire contract negotiations.

Before entering private practice, Tracy served as Assistant Corporation Counsel for the City of New York, where he defended the city and its agencies in federal and state courts. He also advised the Mayor’s Office and agency heads on policy and construction initiatives – experience that gives him a unique perspective on how law, politics and urban development intersect.

"In public service I gained a deep appreciation for work that serves broader community interests,” says Tracy. “Over time, I found my purpose in projects that blend law, real estate and public impact – helping to shape stronger, more inclusive communities."

In the private sector, he’s handled a full spectrum of construction-related disputes – breach of contract, defect and delay claims, mechanic’s lien foreclosures, and claims under quantum meruit and unjust enrichment. Whether he’s at the negotiating table or in front of a judge, Tracy blends legal precision with real-world pragmatism.

“I see myself as a problem-solver who focuses on cost-effective solutions,” says Tracy. “Most people hire a lawyer because they have a problem they can’t solve on their own. My job is to help them solve it in a way that achieves their goals without unnecessary expense.”

Now at Braverman Greenspun, Tracy is known for delivering clear, strategic counsel – and for helping clients stay ahead of the curve in a city where property lines blur, fortunes pivot on fine print and there’s no such thing as a small deal.

Tracy is an honoree in The Lawdragon 500 X: The Next Generation.

Lawdragon: Can you describe for our readers the mix of work you do within your practice?

Benjamin Fox Tracy: My practice is centered on serving as general counsel to condominium and cooperative boards in New York City. We aim to be a one-stop shop for our clients, so they can bring us just about any legal issue that comes before them. From corporate governance, to transactional and litigation matters, our firm just about does it all.

Within that broad role, I focus on construction-related matters. For our co-op and condo clients, I draft and negotiate agreements with architects, engineers and general contractors for work on their buildings. I also represent nonprofit developers constructing affordable housing, which often involves negotiating license agreements with adjacent property owners so my clients can install legally required protections during construction. Those matters require both transactional skill and the ability to navigate challenging neighbor relationships.

The stakes were high. The project would provide 260 affordable housing units, many already awarded through a lottery. Delays meant delaying homes for people who needed them.

LD: Of all the work you’ve done in your career, what would you say is the most interesting matter you’ve handled?

BFT: One that stands out involved a nonprofit developer building an affordable housing project in the Bronx. The project required installing safety protections on an adjacent vacant lot, but the property owner refused access unless my client built him an entirely new building on his site – a grossly disproportionate demand. That dispute quickly became complex. We had to meet repeatedly with senior officials at the New York City Department of Buildings to explore alternative protective schemes, negotiate with an extremely difficult neighbor, and ultimately litigate to secure the access we needed. Even after we obtained a court order granting access, the neighbor remained obstinate, and we had to file a contempt motion and prosecute a contempt hearing to enforce our rights.

The stakes were high. The project would provide 260 affordable housing units, many already awarded through a lottery. Delays meant delaying homes for people who needed them. This matter combined high-pressure deadlines, the need for creative problem-solving, and the satisfaction of achieving a result with a direct positive impact on the community.

LD: Are there any trends you are seeing in your practice in terms of the types of matters keeping you busy these days?

BFT: License agreements are becoming more and more contentious. These come into play not only for developers, but also for co-op and condo boards performing mandated Local Law 11 facade inspection and repair work. Every five years, certain building facades must be inspected, and any dangerous conditions must be repaired – which often requires installing protections on neighboring properties. Most buildings have two or three neighbors, sometimes more, and coordinating access with each one can be challenging. Neighbors vary widely in reasonableness and cooperation, and sometimes litigation becomes the only viable path.

Within the past 10 to 15 years, these agreements have gone from relatively straightforward limited insurance and indemnification agreements to far more complex agreements including exacting business terms and significant costs just to step onto a neighboring property. Because the party requesting access must reimburse the neighbor for their legal fees in negotiating the agreement, the negotiations are often protracted and contentious – especially when the other side knows they’re not bearing those costs directly unless they act egregiously.

LD: Can you describe a recent matter that you’ve handled?

BFT: I’m currently representing a condominium in Battery Park City in connection with the Battery Park City Authority’s large-scale water resiliency project. This flood protection system is supposedly designed to minimize the impact of storm surges during extreme weather events. Although the Battery Park City Authority contends this project will benefit the area, it’s incredibly invasive for my client, requiring significant portions of their property to be excavated and rebuilt to accommodate new flood walls and other systems installed on their property.

Managing the engineering and various property interests at issue has been challenging. I’ve been working closely with the engineering firm Thornton Tomasetti to ensure my client’s interests and property are protected. The challenge has been ensuring my client isn’t unduly burdened or exposed to unnecessary risk by a public works project.

The lesson for me has been how important it is to ensure my client’s needs are not unduly sacrificed in favor of projects that purportedly serve a public or environmental purpose.

Most people hire a lawyer because they have a problem they can’t solve on their own. My job is to help them solve it in a way that achieves their goals without unnecessary expense.

LD: That’s so interesting. Now, is this the type of practice you imagined yourself practicing while in law school?

BFT: Not exactly. I thought I might spend my career as a trial lawyer handling civil cases. I started my career in public service, working for the New York City Corporation Counsel’s Office. My early focus was on labor and employment litigation, which often involved constitutional claims because we were representing government agencies. About three and a half years in, I transferred to the Contracts and Real Estate Division. There, I enjoyed working on projects that could affect multiple interests – like large development or infrastructure matters – rather than litigating disputes between two parties over a narrow issue.

That experience led me to private practice, where I’ve been able to combine real estate and construction work with a continuing element of public service. For example, my work with nonprofit developers has helped deliver affordable housing across the Bronx, Brooklyn and beyond. Even in private practice, I can contribute to projects with a tangible, positive impact on communities.

LD: What advice do you have now for current law school students?

BFT: Don’t let your focus on grades crowd out other priorities. Of course grades matter, but internships are equally – if not more – important for shaping your career. My first summer, I interned at the U.S. Attorney’s Office, which was a tremendous experience. My second summer, I was so focused on academics that I didn’t choose as strong of a placement – I still see that as a missed opportunity.

Be strategic in selecting internships that will give you meaningful experience and exposure to areas of law that interest you. The relationships and skills you develop there will serve you long after law school ends.

LD: Such good advice. Was there a mentor who really helped shape the course of your professional life?

BFT: My aunt, Judge Elizabeth Fox-McDonough of Nassau County, has been a mentor from my first day of law school to today. She has always taken a genuine interest in my development and has been the person I turn to for career and practice advice.

One lesson she instilled early on was the importance of ethics. In practice, you may be asked to do things that are questionable or outright wrong. She emphasized that your reputation and your ability to look yourself in the mirror at the end of the day matter more than any single client or case. That guidance has stayed with me throughout my career.

LD: How would you describe your style as a lawyer?

BFT: I see myself as a problem-solver who focuses on cost-effective solutions. Most people hire a lawyer because they have a problem they can’t solve on their own. My job is to help them solve it in a way that achieves their goals without unnecessary expense.

One example: a nonprofit developer came to me about license agreement issues with several neighbors. After hearing the details, I told him I was happy to take the matter, but I didn’t think I could get him a significantly better outcome than what was already on the table. In other words, it wasn’t worth spending more money for a marginal gain. He decided not to hire me for that specific matter – but he’s since brought me in for other projects and remains a client. I think my honesty and focus on long-term relationships are part of why clients trust me.

LD: Tell our readers about Braverman Greenspun. What makes it unique as a firm?

BFT: Braverman Greenspun is a 26-lawyer and growing firm with remarkably low turnover. Many of our attorneys have been here for years, and they’ve stayed because it’s a collegial, respectful place to work. When I speak with prospective hires, I tell them candidly: There are no jerks here. People are open-minded, willing to collaborate, and happy to share their expertise when you encounter an issue outside your own specialty. The culture is supportive. New attorneys who join us tend to integrate quickly and become part of that same positive dynamic.

LD: If you weren’t a lawyer, what would you be doing now?

BFT: I think I’d be a grade-school teacher. I’ve always liked working with kids, but since becoming a parent myself, I’ve developed a deeper appreciation for how children learn and understand the world. My own kids are still young, and it’s been really fun to watch them absorb new concepts and make connections in real time. Teaching would give me a chance to be part of that process for other children – to help shape those early years when curiosity is at its peak and learning can be so joyful. There’s something rewarding about being in a role where you can have a direct, positive influence on a child’s development.