N.Y. Real Property Actions & Proceedings Law § 1142

§ 1142. Remedy of person evicted for rents and profits. A person\nevicted as prescribed in this article may, if the presumption upon which\nhe is evicted is erroneous, maintain an action against the person who\nhas occupied the property, or his executor or administrator, to recover\nthe rents and profits of the property, during the occupation, while the\nperson upon whose life the prior estate depends is or was living.\n