N.Y. Real Property Actions & Proceedings Law § 601: Damages for withholding real property obtainable in action to recover possession; set-off by defendant

§ 601. Damages for withholding real property obtainable in action to

recover possession; set-off by defendant. In an action to recover the

possession of real property, the plaintiff may recover damages for

withholding the property, including the rents and profits or the value

of the use and occupation of the property for a term not exceeding six

years; but the damages shall not include the value of the use of any

improvements made by the defendant or those under whom he claims. Where

permanent improvements have been made in good faith by the defendant or

those under whom he claims, while holding, under color of title,

adversely to the plaintiff, the value thereof must be allowed to the

defendant in reduction of the damages of the plaintiff, but not beyond

the amount of those damages.