State Codes and Statutes

Statutes > New-york > Rpa > Article-6 > 601

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

State Codes and Statutes

Statutes > New-york > Rpa > Article-6 > 601

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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Rpa > Article-6 > 601

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