2012 New York Consolidated Laws
RPP - Real Property
Article 7 - (220 - 238) Landlord and Tenant
227 - When tenant may surrender premises.

 
    §  227. When tenant may surrender premises.  Where any building, which
  is leased or occupied, is destroyed or so injured by  the  elements,  or
  any  other  cause as to be untenantable, and unfit for occupancy, and no
  express agreement to the contrary has been made in writing,  the  lessee
  or  occupant  may,  if the destruction or injury occurred without his or
  her fault or neglect, quit and surrender  possession  of  the  leasehold
  premises,  and  of  the land so leased or occupied; and he or she is not
  liable to pay to the lessor or owner, rent for the  time  subsequent  to
  the surrender. Any rent paid in advance or which may have accrued by the
  terms  of  a  lease or any other hiring shall be adjusted to the date of
  such surrender.