N.Y. Real Property Law § 227: When tenant may surrender premises

§ 227. When tenant may surrender premises. Where any building, which

is leased or occupied, is destroyed or so injured by the elements, or

any other cause as to be untenantable, and unfit for occupancy, and no

express agreement to the contrary has been made in writing, the lessee

or occupant may, if the destruction or injury occurred without his or

her fault or neglect, quit and surrender possession of the leasehold

premises, and of the land so leased or occupied; and he or she is not

liable to pay to the lessor or owner, rent for the time subsequent to

the surrender. Any rent paid in advance or which may have accrued by the

terms of a lease or any other hiring shall be adjusted to the date of

such surrender.