N.Y. Real Property Actions & Proceedings Law § 1951: Extinguishment of non-substantial restrictions on the use of land

§ 1951. Extinguishment of non-substantial restrictions on the use of

land. 1. No restriction on the use of land created at any time by

covenant, promise or negative easement, or created on or after September

1, 1958, by a special limitation or condition subsequent governed by

section 1953, shall be enforced by injunction or judgment compelling a

conveyance of the land burdened by the restriction or an interest

therein, nor shall such restriction be declared or determined to be

enforceable, if, at the time the enforceability of the restriction is

brought in question, it appears that the restriction is of no actual and

substantial benefit to the persons seeking its enforcement or seeking a

declaration or determination of its enforceability, either because the

purpose of the restriction has already been accomplished or, by reason

of changed conditions or other cause, its purpose is not capable of

accomplishment, or for any other reason.

2. When relief against such a restriction is sought in an action to

quiet title or to obtain a declaration with respect to enforceability of

the restriction or to determine an adverse claim arising from the

restriction, or is sought by way of defense or counterclaim in an action

to enforce the restriction or to obtain a declaration with respect to

its enforceability, if the court shall find that the restriction is of

no actual and substantial benefit to the persons seeking its enforcement

or seeking a declaration or determination of its enforceability, either

because the purpose of the restriction has already been accomplished or,

by reason of changed conditions or other cause, its purpose is not

capable of accomplishment, or for any other reason, it may adjudge that

the restriction is not enforceable by injunction or as provided in

subdivision 2 of section 1953 and that it shall be completely

extinguished upon payment, to the person or persons who would otherwise

be entitled to enforce it in the event of a breach at the time of the

action, of such damages, if any, as such person or persons will sustain

from the extinguishment of the restriction.