New York Laws
Article 13 - New York State Soldiers' and Sailors' Civil Relief Act
303 - Representation; Opening Judgment; Default.

§ 303. Representation; opening judgment; default. 1. In any action or
proceeding in which a person in military service is a party, if such
party does not personally appear therein or is not represented by an
authorized attorney, the court may appoint an attorney to represent him;
and in such case a bond, approved by the court, conditioned to indemnify
the defendant, if in military service, against any loss or damage that
he may suffer by reason of any judgment, should the judgment be
thereafter set aside in whole or in part, may be required and an order
made to protect the rights of such person. But no attorney appointed
under this act to protect a person in military service shall have power
to waive any right of the person for whom he is appointed or bind him by
his acts.

2. If any judgment shall be rendered in any action or proceeding
against any person in military service during the period of such
service, or within thirty days thereafter, and it appears that such
person was prejudiced by reason of his military service in making his
defense thereto, such judgment may, upon application, made by such
person or his legal representative, not later than ninety days after the
termination of such service, be opened by the court rendering the same
and such defendant or his legal representative let in to defend;
provided it is made to appear that the defendant has a meritorious or
legal defense to the action or proceeding, or to some part thereof.
Vacating, setting aside, or reversing any judgment because of any of the
provisions of this act shall not impair any right or title acquired by
any bona fide purchaser for value under such judgment.

3. Where a default judgment may properly be rendered in any action or
proceeding in any court, the court shall not require the attorney for
the plaintiff or petitioner to submit an affidavit or affirmation that
the defendant or respondent is not in military service, provided that
the court may impose such requirement where authorized by federal law.
For purposes of this subdivision, the term "military service" shall have
the meaning ascribed by the provisions of the Federal Soldiers' and
Sailors' Civil Relief Act of 1940, as amended.