N.Y. Military Law § 311-a: Termination of motor vehicle lease contracts

§ 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.