N.Y. Military Law Section 311
Installment purchases


1.

No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of such property, a deposit or installment of the purchase price or a deposit or installment under the contract, lease or bailment from a person or from the assignor of a person who, after the date of payment of such deposit or installment, has entered military service, shall exercise any right or option under such contract to rescind or terminate the contract or resume possession of the property for nonpayment of any installment thereunder due or for any other breach of the terms thereof occurring prior to or during the period of such military service, except by action in a court of competent jurisdiction; provided, that nothing contained in this section shall prevent the modification, termination, or cancellation of any such contract, or prevent the repossession, retention, foreclosure, sale or taking possession of property purchased or received or which is security for any obligation under such contract, pursuant to a mutual agreement of the parties thereto, or their assignees, if such agreement is executed in writng subsequent to the making of such contract and during or after the period of military service of the person concerned.

2.

Any person who shall knowingly resume possession of property which is the subject of this section otherwise than as provided in subdivision one hereof or attempt so to do, shall be guilty of a misdemeanor and shall be punished by imprisonment not to exceed one year, or by fine not to exceed one thousand dollars, or both.

3.

Upon the hearing of such action the court may order the repayment of prior installments or deposits or any part thereof, as a condition of terminating the contract and resuming possession of the property, or may, in its discretion, on its own motion, and shall, except as provided in section three hundred and thirteen, on application to it by such person in military service or some person on his behalf, order a stay of proceedings as provided in this act except that such stay under this section may be ordered for the period of military service and six months thereafter or any part of such period, unless, in the opinion of the court, the ability of the defendant to comply with the terms of the contract is not materially affected by reason of such service; or it may make such other disposition of the case as may be equitable to conserve the interests of all parties.

Source: Section 311 — Installment purchases, https://www.­nysenate.­gov/legislation/laws/MIL/311 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

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:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 311’s source at nysenate​.gov

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