2020 New York Laws
MIL - Military
Article 13 - New York State Soldiers' and Sailors' Civil Relief Act
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.