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New York · Through 2026-09-11

N.Y. General Obligations Law § 3-313: Right of action by or against married woman, and by husband or wife against the other, for torts

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Where this section sits in the code
  1. General Obligations Law
  2. Article 3. Capacity; Effect of Status or of Certain Relationships or Occupations Upon the Creation, Definition or Enforcement of Obligations
  3. Title 3. Husband and Wife

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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