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The Laws of New York
Consolidated Laws of New York
CHAPTER 50
Real Property
ARTICLE 7
Landlord and Tenant
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SECTION 223
Rights where property or lease is transferred
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ARTICLE 7
Landlord and Tenant
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SECTION 223-B
Retaliation by landlord against tenant
This entry was published on 2014-09-22
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SECTION 223-A
Remedies of lessee when possession is not delivered
Real Property (RPP) CHAPTER 50, ARTICLE 7
§ 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.