ยง 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.
Structure New York Laws
Article 13 - New York State Soldiers' and Sailors' Civil Relief Act
300 - Findings and Declaration of Emergency.
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; Opening Judgment; Default.
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-A - Waiver of Professional Continuing Education Requirements.
308-B - Extension of License, Certificate or Registration.
310 - Liability for Rent Accruing After Induction; Termination of Lease.
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.
313-A - Exercise of Rights Under This Article Not to Affect Certain Future Financial Transactions.
314 - Taxes; Taxes on Real Property, Et Cetera.
316 - Policies of Insurance; Policies Not to Lapse or Be Forfeited.
316-A - Protection of Assignor of Life Insurance Policy; Enforcement of Storage Liens.
317 - Reemployment in Private Industry.
319 - Evasive Transfers of Interest.
321 - Certificates of Service.
323-A - Maximum Rate of Interest.
323-B - Filing Fees Waiver; Civil Actions.
325 - Inconsistent Provisions in Other Acts.