Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3-313
Right of action by or against married woman, and by husband or wife against the other, for torts
General Obligations (GOB) CHAPTER 24-A, ARTICLE 3, TITLE 3
§ 3-313. Right of action by or against married woman, and by husband
or wife against the other, for torts. 1. A married woman has a right of
action for an injury to her person, property or character or for an
injury arising out of the marital relation, as if unmarried. She is
liable for her wrongful or tortious acts; her husband is not liable for
such acts unless they were done by his actual coercion or instigation;
and such coercion or instigation shall not be presumed, but must be
proved.

2. A married woman has a right of action against her husband for his
wrongful or tortious acts resulting to her in any personal injury as
defined in section thirty-seven-a of the general construction law, or
resulting in injury to her property, as if they were unmarried, and she
is liable to her husband for her wrongful or tortious acts resulting in
any such personal injury to her husband or to his property, as if they
were unmarried.