New York Laws
Article 13 - New York State Soldiers' and Sailors' Civil Relief Act
302 - Stay, Et Cetera, to Persons Secondarily Liable.

§ 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.

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