2006 New York Code - 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.