N.Y. Military Law § 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.