General Obligations Law 3-313 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 3-311 Marriage relationship not to affect construction of instruments and transactions involving personal property up TITLE 3 Husband and Wife next SECTION 3-315 Married woman's right of action for wages Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.