311-A - Termination of motor vehicle lease contracts. - New York Statutes

§ 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.