N.Y. Real Property Actions & Proceedings Law § 2001: Action to enforce certain covenants restricting use of land or for damages for breach to be brought within two years

§ 2001. Action to enforce certain covenants restricting use of land or

for damages for breach to be brought within two years. 1. This section

applies to actions to enforce a covenant or agreement restricting the

use of land or to recover damages for breach thereof, including an

action predicated on infringement of an easement or other interest

created by the covenant or agreement, to the extent that the restriction

relates to structures that may be erected on the premises and limits

such structures with respect to set-back or sidelines, the area that may

be built upon, the location, independent character or number of

structures, height, or general purpose for which they shall be designed

or typically suited.

2. An action to enforce the covenant or agreement by compelling the

removal or alteration of a structure, or to recover damages for breach

of the covenant or agreement, or to recover damages for infringement of

an easement or other interest in the premises so restricted, cannot be

maintained unless it is commenced (a) before the expiration of two years

from the completion of the structure concerned, or (b) before September

one, nineteen hundred sixty-five, whichever shall be later.

3. a. For the purposes of this section, where the breach of the

restriction upon which the action is predicated consists of a

replacement, enlargement or alteration of a previously existing

structure which did not constitute or involve a violation of the

restriction, or where a previously existing structure constituted a

violation for which action is barred as provided in this section and a

replacement, enlargement or alteration is made constituting or creating

a different or more extensive violation, the completion of the

replacement, enlargement or alteration shall be deemed the completion of

the structure.

b. The date of issuance of a certificate of occupancy or, if no such

certificate shall have been issued, the date of actual occupancy of the

structure or of the structure as replaced, enlarged or altered, shall be

deemed the date of completion of the structure.

4. The application of this section is not affected by any disability

or lack of knowledge on the part of any person, and is not affected by

the fact that the person against whom the action might have been brought

within the period herein provided was during that time a non-resident or

absent from the state.

5. If an action governed by this section is not commenced within the

time herein provided it shall be conclusively presumed that the right of

action for the relief for which that action might have been brought has

been released.

6. Nothing in this section shall be construed in any manner to limit

any other statute or rule of law or equity by reason of which, at a date

previous to the expiration of the period provided in this section, the

restriction is or may be deemed extinguished or held unenforceable, or

unenforceable by judgment compelling the removal or alteration of a

structure.