N.Y. Military Law 313-A – Exercise of rights under this article not to affect certain future financial transactions
§ 313-a. Exercise of rights under this article not to affect certain future financial transactions. Application by a person in military service for, or receipt by a person in military service of, a stay, postponement or suspension pursuant to the provisions of this article in the payment of any tax, fine, penalty, insurance premium, or other civil obligation or liability of that person shall not itself, without regard to other considerations, provide the basis for any of the following:
Terms Used In N.Y. Military Law 313-A
- military service: means duty by a person, male or female, in the active military service of the United States as defined in section one of this chapter and active duty in the military service of the state pursuant to an order of the governor issued pursuant to section six or seven of this chapter. See N.Y. Military Law 301
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: when used herein with reference to the holder of any right alleged to exist against a person in military service, or against a person secondarily liable under such right, shall include individuals, partnerships, corporations, and any other forms of business association. See N.Y. Military Law 301
1. A determination by any lender or other person that such person in military service is unable to pay such civil obligation or liability in accordance with its terms.
2. With respect to a credit transaction between a creditor and such person in military service: (a) a denial or revocation of credit by the creditor; (b) a change by the creditor in the terms of an existing credit arrangement; or (c) a refusal by the creditor to grant credit to such person in substantially the amount or on substantially the terms requested.
3. An adverse report relating to the creditworthiness of such person in military service by or to any person or entity engaged in the practice of assembling or evaluating consumer credit information.
4. A refusal by an insurer to insure such person.