State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 311

§ 311. Installment purchases.  1. No person who has received, or whose  assignor  has  received,  under  a  contract for the purchase of real or  personal property, or of lease or bailment with a view  to  purchase  of  such  property,  a  deposit  or  installment  of the purchase price or a  deposit or installment under the contract,  lease  or  bailment  from  a  person  or  from the assignor of a person who, after the date of payment  of such deposit or installment,  has  entered  military  service,  shall  exercise any right or option under such contract to rescind or terminate  the  contract or resume possession of the property for nonpayment of any  installment thereunder due or for any other breach of the terms  thereof  occurring prior to or during the period of such military service, except  by  action  in a court of competent jurisdiction; provided, that nothing  contained in this section shall prevent the  modification,  termination,  or  cancellation  of  any  such  contract,  or prevent the repossession,  retention, foreclosure, sale or taking possession of property  purchased  or received or which is security for any obligation under such contract,  pursuant  to  a  mutual  agreement  of  the  parties  thereto,  or their  assignees, if such agreement is executed in  writng  subsequent  to  the  making  of  such  contract  and  during  or after the period of military  service of the person concerned.    2. Any person who shall knowingly resume possession of property  which  is the subject of this section otherwise than as provided in subdivision  one  hereof  or  attempt  so to do, shall be guilty of a misdemeanor and  shall be punished by imprisonment not to exceed one year, or by fine not  to exceed one thousand dollars, or both.    3. Upon the hearing of such action the court may order  the  repayment  of prior installments or deposits or any part thereof, as a condition of  terminating  the  contract  and  resuming possession of the property, or  may, in its discretion, on its own motion, and shall, except as provided  in section three hundred and thirteen, on  application  to  it  by  such  person in military service or some person on his behalf, order a stay of  proceedings  as  provided  in  this act except that such stay under this  section may be ordered for the period of military service and six months  thereafter or any part of such period, unless, in  the  opinion  of  the  court,  the  ability  of  the  defendant to comply with the terms of the  contract is not materially affected by reason of such service; or it may  make such other disposition of the case as may be equitable to  conserve  the interests of all parties.

State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 311

§ 311. Installment purchases.  1. No person who has received, or whose  assignor  has  received,  under  a  contract for the purchase of real or  personal property, or of lease or bailment with a view  to  purchase  of  such  property,  a  deposit  or  installment  of the purchase price or a  deposit or installment under the contract,  lease  or  bailment  from  a  person  or  from the assignor of a person who, after the date of payment  of such deposit or installment,  has  entered  military  service,  shall  exercise any right or option under such contract to rescind or terminate  the  contract or resume possession of the property for nonpayment of any  installment thereunder due or for any other breach of the terms  thereof  occurring prior to or during the period of such military service, except  by  action  in a court of competent jurisdiction; provided, that nothing  contained in this section shall prevent the  modification,  termination,  or  cancellation  of  any  such  contract,  or prevent the repossession,  retention, foreclosure, sale or taking possession of property  purchased  or received or which is security for any obligation under such contract,  pursuant  to  a  mutual  agreement  of  the  parties  thereto,  or their  assignees, if such agreement is executed in  writng  subsequent  to  the  making  of  such  contract  and  during  or after the period of military  service of the person concerned.    2. Any person who shall knowingly resume possession of property  which  is the subject of this section otherwise than as provided in subdivision  one  hereof  or  attempt  so to do, shall be guilty of a misdemeanor and  shall be punished by imprisonment not to exceed one year, or by fine not  to exceed one thousand dollars, or both.    3. Upon the hearing of such action the court may order  the  repayment  of prior installments or deposits or any part thereof, as a condition of  terminating  the  contract  and  resuming possession of the property, or  may, in its discretion, on its own motion, and shall, except as provided  in section three hundred and thirteen, on  application  to  it  by  such  person in military service or some person on his behalf, order a stay of  proceedings  as  provided  in  this act except that such stay under this  section may be ordered for the period of military service and six months  thereafter or any part of such period, unless, in  the  opinion  of  the  court,  the  ability  of  the  defendant to comply with the terms of the  contract is not materially affected by reason of such service; or it may  make such other disposition of the case as may be equitable to  conserve  the interests of all parties.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Mil > Article-13 > 311

§ 311. Installment purchases.  1. No person who has received, or whose  assignor  has  received,  under  a  contract for the purchase of real or  personal property, or of lease or bailment with a view  to  purchase  of  such  property,  a  deposit  or  installment  of the purchase price or a  deposit or installment under the contract,  lease  or  bailment  from  a  person  or  from the assignor of a person who, after the date of payment  of such deposit or installment,  has  entered  military  service,  shall  exercise any right or option under such contract to rescind or terminate  the  contract or resume possession of the property for nonpayment of any  installment thereunder due or for any other breach of the terms  thereof  occurring prior to or during the period of such military service, except  by  action  in a court of competent jurisdiction; provided, that nothing  contained in this section shall prevent the  modification,  termination,  or  cancellation  of  any  such  contract,  or prevent the repossession,  retention, foreclosure, sale or taking possession of property  purchased  or received or which is security for any obligation under such contract,  pursuant  to  a  mutual  agreement  of  the  parties  thereto,  or their  assignees, if such agreement is executed in  writng  subsequent  to  the  making  of  such  contract  and  during  or after the period of military  service of the person concerned.    2. Any person who shall knowingly resume possession of property  which  is the subject of this section otherwise than as provided in subdivision  one  hereof  or  attempt  so to do, shall be guilty of a misdemeanor and  shall be punished by imprisonment not to exceed one year, or by fine not  to exceed one thousand dollars, or both.    3. Upon the hearing of such action the court may order  the  repayment  of prior installments or deposits or any part thereof, as a condition of  terminating  the  contract  and  resuming possession of the property, or  may, in its discretion, on its own motion, and shall, except as provided  in section three hundred and thirteen, on  application  to  it  by  such  person in military service or some person on his behalf, order a stay of  proceedings  as  provided  in  this act except that such stay under this  section may be ordered for the period of military service and six months  thereafter or any part of such period, unless, in  the  opinion  of  the  court,  the  ability  of  the  defendant to comply with the terms of the  contract is not materially affected by reason of such service; or it may  make such other disposition of the case as may be equitable to  conserve  the interests of all parties.