NY Real Prop Actions L § 2001 (2021)
2021 New York Laws RPA - Real Property Actions and Proceedings Article 20 - Enforcement of Covenants and Easements; Recovery of Damages for Breach of Covenant or Injury to Easement 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.