N.Y. RPA Law § 1021

§ 1021. Damages may be recovered; how estimated. Where a widow\nrecovers, in an action therefor, dower in property, of which her husband\ndied seized, she may also recover, in the same action, damages for\nwithholding her dower, to the amount of one-third of the annual value of\nthe mesne profits of the property, with interest; to be computed, where\nthe action is against the heir, from her husband's death, or, where it\nis against any other person, from the time when she demanded her dower\nof the defendant; and in each case, to the time of the trial, or\napplication for judgment, as the case may be; but not exceeding six\nyears in the whole. The damages shall not include any thing for the use\nof permanent improvements, made after the death of the husband.\n