New York Consolidated Laws, Real Property Law - RPP § 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.


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