N.Y. Real Prop. Acts. Law § 223-a

§ 223-a. Remedies of lessee when possession is not delivered. In the\nabsence of an express provision to the contrary, there shall be implied\nin every lease of real property a condition that the lessor will deliver\npossession at the beginning of the term. In the event of breach of such\nimplied condition the lessee shall have the right to rescind the lease\nand to recover the consideration paid. Such right shall not be deemed\ninconsistent with any right of action he may have to recover damages.\n