N.Y. Real Property Actions & Proceedings Law § 1021: Damages may be recovered; how estimated

§ 1021. Damages may be recovered; how estimated. Where a widow

recovers, in an action therefor, dower in property, of which her husband

died seized, she may also recover, in the same action, damages for

withholding her dower, to the amount of one-third of the annual value of

the mesne profits of the property, with interest; to be computed, where

the action is against the heir, from her husband's death, or, where it

is against any other person, from the time when she demanded her dower

of the defendant; and in each case, to the time of the trial, or

application for judgment, as the case may be; but not exceeding six

years in the whole. The damages shall not include any thing for the use

of permanent improvements, made after the death of the husband.