§ 601 — Damages for withholding real property obtainable in action to recover possession; set-off by defendant

New York § 601

• Jurisdiction: New York
• Law RPA: Real Property Actions & Proceedings
• Art. 6: Action to Recover Real Property

Text

§ 601. Damages for withholding real property obtainable in action to\nrecover possession; set-off by defendant. In an action to recover the\npossession of real property, the plaintiff may recover damages for\nwithholding the property, including the rents and profits or the value\nof the use and occupation of the property for a term not exceeding six\nyears; but the damages shall not include the value of the use of any\nimprovements made by the defendant or those under whom he claims. Where\npermanent improvements have been made in good faith by the defendant or\nthose under whom he claims, while holding, under color of title,\nadversely to the plaintiff, the value thereof must be allowed to the\ndefendant in reduction of the damages of the plaintiff, but not beyond\nthe amount of those damages.\n