N.Y. Military Law § 316-a: Protection of assignor of life insurance policy; enforcement of storage liens

§ 316-a. Protection of assignor of life insurance policy; enforcement

of storage liens. 1. Where any life insurance policy on the life of a

person in military service has been assigned prior to such person's

period of military service to secure the payment of any obligation of

such person, no assignee of such policy, except the insurer in

connection with a policy loan, shall, during the period of military

service of the insured or within one year thereafter, except upon the

consent in writing of the insured made during such period or when the

premiums thereon are due and unpaid or upon the death of the insured,

exercise any right or option by virtue of such assignment unless upon

leave of court granted upon an application made therefor by such

assignee. The court may thereupon refuse to grant such leave unless in

the opinion of the court the ability of the obligor to comply with the

terms of the obligation is not materially affected by reason of his or

her military service.

2. No person shall exercise any right to foreclose or enforce any lien

for storage of household goods, furniture, or personal effects of a

person in military service during such person's period of military

service and for three months thereafter except upon an order previously

granted by a court upon application therefor and a return thereto made

and approved by the court; provided, however, within thirty days of such

person's return from military service, he or she shall provide notice to

the individual or entity providing for the storage of his or her

household goods, furniture or personal effects. In such proceeding the

court may, after a hearing, in its discretion, on its own motion, and

shall, on application to it by such person in military service or some

person on his or her behalf, unless in the opinion of the court the

ability of the defendant to pay the storage charges due is not

materially affected by reason of his or her military service:

(a) stay the proceedings as provided in this article; or

(b) make such other disposition of the case as may be equitable to

conserve the interest of all parties.