New York § 3-313 Right of action by or against married woman, and by husband or wife against the other, for torts

New York Statutes

§ 3-313 — Right of action by or against married woman, and by husband or wife against the other, for torts

New York § 3-313

Law GOBGeneral Obligations

Title 3Husband and Wife

Art. 3Capacity; Effect of Status or of Certain Relationships or Occupations Upon the Creation, Definition or Enforcement of Obligations

This text of New York § 3-313 (Right of action by or against married woman, and by husband or wife against the other, for torts) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. General Obligations § 3-313 (2026).

Text

§ 3-313. Right of action by or against married woman, and by husband\nor wife against the other, for torts.

1.A married woman has a right of\naction for an injury to her person, property or character or for an\ninjury arising out of the marital relation, as if unmarried. She is\nliable for her wrongful or tortious acts; her husband is not liable for\nsuch acts unless they were done by his actual coercion or instigation;\nand such coercion or instigation shall not be presumed, but must be\nproved.\n 2. A married woman has a right of action against her husband for his\nwrongful or tortious acts resulting to her in any personal injury as\ndefined in section thirty-seven-a of the general construction law, or\nresulting in injury to her property, as if they were unmarried, and she\nis liab

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§ 3-313. Right of action by or against married woman, and by husband\nor wife against the other, for torts. 1. A married woman has a right of\naction for an injury to her person, property or character or for an\ninjury arising out of the marital relation, as if unmarried. She is\nliable for her wrongful or tortious acts; her husband is not liable for\nsuch acts unless they were done by his actual coercion or instigation;\nand such coercion or instigation shall not be presumed, but must be\nproved.\n 2. A married woman has a right of action against her husband for his\nwrongful or tortious acts resulting to her in any personal injury as\ndefined in section thirty-seven-a of the general construction law, or\nresulting in injury to her property, as if they were unmarried, and she\nis liable to her husband for her wrongful or tortious acts resulting in\nany such personal injury to her husband or to his property, as if they\nwere unmarried.\n