State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 302

§ 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.

State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 302

§ 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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 302

§ 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.