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


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  • 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.