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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New York Consolidated Laws, General Obligations Law - GOB § 3-313. Right of action by or against married woman, and by husband or wife against the other, for torts - last updated January 01, 2024 | https://codes.findlaw.com/ny/general-obligations-law/gob-sect-3-313/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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