N.Y. Real Property Law § 223-a: Remedies of lessee when possession is not delivered

§ 223-a. Remedies of lessee when possession is not delivered. In the

absence of an express provision to the contrary, there shall be implied

in every lease of real property a condition that the lessor will deliver

possession at the beginning of the term. In the event of breach of such

implied condition the lessee shall have the right to rescind the lease

and to recover the consideration paid. Such right shall not be deemed

inconsistent with any right of action he may have to recover damages.