2006 New York Code - Damages For Withholding Real Property Obtainable In Action To Recover Possession; Set-off By Defendant.

 
    §  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.