N.Y. Military Law Section 311-A
Termination of motor vehicle lease contracts


1.

The provisions of this section shall apply to every lease of a motor vehicle for personal, professional, business, agricultural or similar purposes in any case in which (a) such lease was executed by or on behalf of a person who, after the execution of such lease, entered active military service, and

(b)

the motor vehicle so leased has been used for such purposes, or for a combination of such purposes by such person or his or her legal dependents. The provision of this section shall also apply to any lease covering a motor vehicle used for personal purposes where such lease was executed by or on the behalf of a person, who, after the execution of such lease, entered active military service where such lease was also executed by or on the behalf of the spouse of such a person.

2.

All leases described in subdivision one of this section may be terminated by notice in writing delivered to the lessor or to the lessor’s agent by a lessee at any time following the date of the beginning of such active military service. Delivery of such notice shall be accomplished by certified mail duly addressed to the lessor or to the lessor’s agent. Termination of any such lease providing for monthly lease payments shall not be effective until:

(a)

thirty days after the first date on which the next lease payment is due and payable subsequent to the date when such notice is delivered; or

(b)

the motor vehicle subject to the lease is returned to the custody or the control of the lessor, whichever is later. In the case of all motor vehicle leases, any unpaid lease payments for a period preceding termination shall be proratably computed and any lease payments made in advance for a period succeeding termination shall be refunded by the lessor. Upon application by the lessor to a court of competent jurisdiction prior to the termination period provided for in the notice, any relief granted in this subdivision shall be subject to such modifications or restrictions as in the opinion of such court may be appropriate in the interest of justice.

Source: Section 311-A — Termination of motor vehicle lease contracts, https://www.­nysenate.­gov/legislation/laws/MIL/311-A (updated Sep. 22, 2014; accessed Apr. 20, 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:
Apr. 20, 2024

Last modified:
Sep. 22, 2014

§ 311-A’s source at nysenate​.gov

Link Style