New York Remedies Of Lessee When Possession Is Not Delivered.

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