2006 New York Code - Stay, Et Cetera, To Persons Secondarily Liable.



 
    § 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.

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