N.Y. RPA Law § 1953

§ 1953. Effect of certain special limitations and conditions\nsubsequent. 1. Except as provided in subdivision 4, a special limitation\nor condition subsequent created on or after September 1, 1958 shall be\ngoverned by this section in any case where it expressly or by necessary\nresult restricts the use of land, but if such special limitation or\ncondition subsequent also creates a possibility of reverter or right of\nentry conditioned upon an event other than breach of such a restriction,\nit shall be governed by this section to the extent only that the right\nof entry or possibility of reverter is conditioned upon breach of such\nexpress or implied restriction on the use of land.\n 2. No reverter shall occur and no possessory estate shall result by\nreason of such special limitation, and no right of entry shall accrue by\nreason of breach of such condition subsequent, but upon the happening of\nsuch a breach the person or persons who would have such possessory\nestate or right of entry except for this section, may maintain an action\nin the supreme court to compel a conveyance to him or them of the land,\nor the interest therein, which is subject to the special limitation or\ncondition subsequent.\n 3. The relief provided in subdivision 2 shall be granted only to\nprotect a substantial interest in enforcement of the restriction,\nestablished by the person or persons in whose favor the relief is\ngranted. The action provided for in this section shall be subject to any\ndefense that might be interposed in an action to enjoin a violation of\nthe restriction if it were created by covenant of the person or persons\nagainst whom the relief is sought, and the court may deny such relief,\nor impose conditions upon the granting thereof, or grant alternative\nrelief, upon like cause and in like manner as in an action for such\ninjunction. If it appears that the relief provided in subdivision 2\nwould be inequitable, the court may, in lieu thereof, restrain the\nrepetition or continuation of a breach of the restriction, or it may\ngrant the relief provided in subdivision 2 upon such terms as justice\nmay require to avoid a forfeiture of the value of improvements or other\nunjust enrichment.\n 4. This section shall not apply where the special limitation or\ncondition subsequent was created in a conveyance or devise, whether or\nnot in trust, for benevolent, charitable, educational, public or\nreligious purposes and restricts the use of land to such a purpose or to\na particular application or means of carrying out such purpose, or was\ncreated by a lease for a term of less than one hundred years and\nrestricts use of the leased premises.\n