N.Y. Military Law Section 302
Stay, et cetera, to persons secondarily liable


1.

Whenever, pursuant to any of the provisions of this article, the enforcement of any obligation or liability, the prosecution of any suit or proceeding, the entry or enforcement of any order, writ, judgment or decree, or the performance of any act, may be stayed, postponed or suspended, such stay, postponement or suspension may, in the discretion of the court, likewise be granted to sureties, guarantors, endorsers and others subject to the obligation or liability, the performance or enforcement of which is stayed, postponed or suspended.

2.

When a judgment or decree is vacated or set aside, in whole or in part, as provided in this article, the same may, in the discretion of the court, likewise be set aside and vacated as to any surety, guarantor, endorsers, accommodation maker or other person whether primarily or secondarily liable upon the contract or liability for the enforcement of which the judgment or decree was entered.

3.

Nothing contained in this article shall prevent a waiver in writing of the benefits afforded by subdivisions one and two of this section by any surety, guarantor, endorser, accommodation maker, or other person whether primarily or secondarily liable upon the obligation or liability except that after the date of enactment of this subdivision no such waiver shall be valid unless it is executed as an instrument separate from the obligation or liability in respect of which it applies, and no such waiver shall be valid after the beginning of the period of military service if executed by an individual who, subsequent to the execution of such waiver becomes a person in military service.

Source: Section 302 — Stay, et cetera, to persons secondarily liable, https://www.­nysenate.­gov/legislation/laws/MIL/302 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

300
Findings and declaration of emergency
301
Definitions
301–A
Notice of benefits to persons in and persons enlisting in the state organized militia
301–B
Extension of benefits to dependents
301–C
Accident prevention course information
302
Stay, et cetera, to persons secondarily liable
303
Representation
304
Proceedings to be stayed unless interest unaffected by military service
305
Relief against fines and penalties, et cetera
306
Actions against persons in service
307
Continuance of stay, et cetera
308
Statutes of limitations and statutes of a similar nature
308–A
Waiver of professional continuing education requirements
308–B
Extension of license, certificate or registration
309
Evictions
310
Liability for rent accruing after induction
311
Installment purchases
311–A
Termination of motor vehicle lease contracts
311–B
Cancellation without penalty of certain additional rental contracts
311–C
Termination without penalty of certain service contracts
312
Mortgages
313
Settlement of cases involving stayed proceeding in foreclosure or repossession of personal property
313–A
Exercise of rights under this article not to affect certain future financial transactions
314
Taxes
315
Taxes
316
Policies of insurance
316–A
Protection of assignor of life insurance policy
316–B
Professional liability protection for certain persons ordered to active duty in armed forces
317
Reemployment in private industry
318
Policy of the state
319
Evasive transfers of interest
321
Certificates of service
322
Interlocutory orders
323
Further relief
323–A
Maximum rate of interest
323–B
Filing fees waiver
324
Separability
325
Inconsistent provisions in other acts
326
Article thirteen of military law, added by laws of nineteen hundred forty-one, chapter six hundred eighty-six
327
Duration of the emergency
328
Short title

Accessed:
Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 302’s source at nysenate​.gov

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