2006 New York Code - 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.