2006 New York Code - 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.

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