N.Y. Military Law 311-C – Termination without penalty of certain service contracts
§ 311-c. Termination without penalty of certain service contracts. 1. The provisions of this section shall apply to every contract for services from a telecommunications service provider, an internet service provider, a health club as defined in § 621 of the general business law, a health spa, or a provider of television services, including but not limited to cable television, direct satellite and other television-like services, in any case in which: (a) such contract was executed on or after the effective date of this section by or on behalf of a person who, after the execution of such contract, entered active military service for ninety days or longer; and (b) the person's military service is at a location where the service provider cannot provide the services covered by the contract.
Terms Used In N.Y. Military Law 311-C
- Contract: A legal written agreement that becomes binding when signed.
- 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
- 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
2. (a) Any contract described in subdivision one of this section may be terminated without penalty by written notice delivered to the service provider by such person in active military service canceling his or her contract within fourteen days of his or her receipt of orders to report for military service. Such notice shall include a copy of the orders in question.
(b) Delivery of such notice shall be in accordance with industry standards for notification of terminations, together with the future date on which the service is to be terminated.