N.Y. Real Prop. Acts. Law § 227

§ 227. When tenant may surrender premises. Where any building, which\nis leased or occupied, is destroyed or so injured by the elements, or\nany other cause as to be untenantable, and unfit for occupancy, and no\nexpress agreement to the contrary has been made in writing, the lessee\nor occupant may, if the destruction or injury occurred without his or\nher fault or neglect, quit and surrender possession of the leasehold\npremises, and of the land so leased or occupied; and he or she is not\nliable to pay to the lessor or owner, rent for the time subsequent to\nthe surrender. Any rent paid in advance or which may have accrued by the\nterms of a lease or any other hiring shall be adjusted to the date of\nsuch surrender.\n