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NEW YORK GENERAL OBLIGATIONS
GOB

Last update: 2011-11-14


  • Article 1. Short Title; Construction; Applicability of Certain Sections
    • Title 1. Short Title 1-101
    • Title 2. Construction; Applicability of Certain Sections 1-201 - 1-203
  • Article 3. Capacity; Effect of Status or of Certain Relationships or Occupations Upon the Creation, Definition or Enforcement of Obligations
    • Title 1. Infancy 3-101 - 3-112
    • Title 3. Husband and Wife 3-301 - 3-315
    • Title 5. Certain Occupations 3-501 - 3-503
  • Article 5. Creation, Definition and Enforcement of Contractual Obligations
    • Title 1. Definitions of Terms 5-101
    • Title 3. Certain Prohibited Contracts and Provisions of Contracts 5-301 - 5-335
    • Title 4. Contracts Relating to Wagering; Forfeiture and Recovery of Certain Property 5-401 - 5-423
    • Title 5. Interest and Usury; Brokerage on Loans 5-501 - 5-531
    • Title 6. Interest on Certain Deposits 5-601 - 5-602
    • Title 7. Requirements of Writing, Execution or Acknowledgment for Effectiveness or Enforceability 5-701 - 5-705
    • Title 9. Requirements of Notice for Effectiveness or Enforceability 5-901 - 5-905
    • Title 11. Consideration; Effect of Writing on Requirement of Consideration 5-1101 - 5-1115
    • Title 13. Construction of Particular Terms in Contractual Transactions 5-1301 - 5-1311
    • Title 14. Enforceability of Clauses Respecting Choice of Law and Choice of Forum in Certain Transactions 5-1401 - 5-1402
    • Title 15. Statutory Short Form and other Powers of Attorney for Financial and Estate Planning 5-1501 - 5-1514
    • Title 15-A. Designation of Person in Parental Relation 5-1551 - 5-1555
    • Title 16. Continuity of Contract 5-1601 - 5-1604
    • Title 17. Structured Settlement Protection Act 5-1701 - 5-1709
  • Article 7. Obligations Relating to Property Received as Security
    • Title 1. Money Deposited as Security to Be Held in Trust in Certain Cases 7-101 - 7-109
    • Title 2. Sale of Certain Licensed Taxicabs 7-201
    • Title 3. Bonds and Undertakings 7-301
    • Title 4. Buyer's Right of Redemption 7-401
  • Article 9. Obligations of Care
    • Title 1. Conditions on Real Property 9-101 - 9-105
  • Article 11. Obligations to Make Compensation or Restitution
    • Title 1. Compensation 11-100 - 11-107
  • Article 12. Drug Dealer Liability Act 12-101 - 12-110
  • Article 13. Transfer of Obligations and Rights
    • Title 1. Transferability; Effect of Transfer 13-101 - 13-109
  • Article 15. Modification and Discharge of Obligations
    • Title 1. Discharge of Joint Obligors 15-101 - 15-110
    • Title 3. Requirements for Effectiveness or Enforceability of Modification or Discharge 15-301 - 15-304
    • Title 5. Accord and Satisfaction 15-501 - 15-503
    • Title 7. Discharge of Surety 15-701 - 15-702
  • Article 17. Revival or Extension; Waiver of Defense or Bar
    • Title 1. Obligations Barred by Statutes of Limitation 17-101 - 17-107
  • Article 18. Safety in Skiing Code 18-101 - 18-108
  • Article 18-A. Specifications of Liability for Employers and Employees 18-201
  • Article 19. Laws Repealed; Effective Date 19-101 - 19-103
  • Version 2011-11-14

Article 1
Short Title; Construction; Applicability of Certain Sections

Title 1
Short Title

Section 1-101. Short title.

This chapter shall be known and may be cited as the "General Obligations Law."

Title 2
Construction; Applicability of Certain Sections

Section 1-201. Construction of act of reconsolidation.

1. This chapter shall be construed as a continuation and re-enactment of the provisions repealed by article nineteen hereof as such provisions existed on December thirty-first, nineteen hundred sixty-two.

2. The repeal by this chapter of provisions specified in article nineteen hereof and the enactment of this chapter shall not affect any action or proceeding pending under any such provision at the time this chapter shall take effect.

3. Any act of the legislature of the year nineteen hundred sixty-three or nineteen hundred sixty-four which in form amends or repeals or purports to amend or repeal any provision or provisions repealed by article nineteen of this chapter shall be legally effective notwithstanding the repeal of such provision or provisions and shall be construed as an amendment or repeal, as the case may be, of the corresponding provision or provisions of this chapter, and such corresponding provisions shall be construed to be amended, modified, changed or repealed as though they had been expressly and in terms so amended or repealed.

4. Reference by any law, general or special, in force on December thirty-first, nineteen hundred sixty-two, or in any act of the legislature of the year nineteen hundred sixty-three or nineteen hundred sixty-four, to a provision repealed by article nineteen of this chapter, as in force immediately before the time this chapter shall take effect, shall be construed to refer to the corresponding provision of this chapter.

Section 1-202. Definition.

As used in this chapter, the term "infant" or "minor" means a person who has not attained the age of eighteen years.

Section 1-203. Provisions excluding application of certain sections to matters previous to dates of their original enactment.

1. Section 1-202 applies to all obligations arising on or after September first, nineteen hundred seventy-four.

2. Section 3-101 applies to contracts made on or after April thirteenth, nineteen hundred forty-one.

3. Section 3-107 applies to contracts made on or after September first, nineteen hundred sixty-one.

5. Section 3-311 does not affect any interest or right of survivorship existing prior to April twentieth, nineteen hundred fifty-nine.

7. Subdivision two of section 3-313 does not affect any right, cause of action or defense existing prior to September first, nineteen hundred thirty-seven.

9. Section 5-301 applies to undertakings or promises made on or after January twenty-fifth, nineteen hundred thirty-five.

11. Section 5-903 applies to contracts executed or renewed after October first, nineteen hundred sixty-one.

13. Section 5-1103 applies to agreements made on or after April sixth, nineteen hundred thirty-six; sections 5-1105, 5-1107 and 5-1109 apply to assignments, promises or offers made on or after September first, nineteen hundred forty-one.

15. Section 5-1115 applies to deeds or conveyances delivered on or after September first, nineteen hundred forty-four.

17. Section 5-1311 applies to contracts made after May twenty-sixth, nineteen hundred thirty-six.

19. Section 9-101 applies to injuries sustained after September first, nineteen hundred forty-six.

21. Section 13-107 applies to transfers made after September first, nineteen hundred fifty.

23. Title 1 of Article 15 applies to obligations arising on or after April sixth, nineteen hundred twenty-eight.

25. a. Subdivision one of section 15-301 applies to agreements or instruments executed on or after September first, nineteen hundred forty-one.

b. Subdivisions two, three and four of section 15-301 apply to agreements or instruments executed on or after September first, nineteen hundred fifty-two.

c. Subdivision five of section 15-301 applies to agreements, evidences of termination, notices of termination or waivers with respect to agreements or other instruments executed on or after April fifth, nineteen hundred forty-four.

27. Section 15-303 applies to written instruments executed on or after April third, nineteen hundred thirty-six.

29. Section 15-501 applies to executory accords made on or after March eighteenth, nineteen hundred thirty-seven.

31. Subdivision one of section 15-503 applies to offers made on or after March eighteenth, nineteen hundred thirty-seven.

33. Section 17-103 applies to promises made on or after September first, nineteen hundred sixty-one.

35. Section 17-105 applies to waivers, promises, agreements, recitals and acknowledgments made on or after September first, nineteen hundred sixty-one.

37. Section 17-107 applies to payments made on or after September first, nineteen hundred sixty-one.

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

Title 1
Infancy

Section 3-101. When contracts may not be disaffirmed on ground of infancy.

1. A contract made on or after September first, nineteen hundred seventy-four by a person after he has attained the age of eighteen years may not be disaffirmed by him on the ground of infancy.

2. A contract made on or after April thirteenth, nineteen hundred forty-one, and before September first, nineteen hundred seventy-four, by a person after he has attained the age of eighteen years, may not be disaffirmed by him on the ground of infancy, where the contract was made in connection with a business in which the infant was engaged and was reasonable and provident when made.

In any action or proceeding in which the right to disaffirm on the ground of infancy a contract made by an infant after he has attained the age of eighteen years is in issue, the burden of proof on the question whether the contract was made in connection with a business in which the infant was engaged, and also on the question whether the contract was reasonable and provident when made, shall be upon the person seeking to deny or defeat such disaffirmance or to enforce the contract.

3. A husband and wife, with respect only to real property they occupy or which they affirm they are about to occupy as a home, regardless of the minority of either or both and without limitation of the powers of any such person who is of full age, shall each have power (a) to enter into and contract for a loan or loans with a bank, trust company, private banker, national bank, branch or agency of a foreign banking corporation licensed pursuant to article two, or branch of an out-of-state depository institution authorized pursuant to article five-C of the banking law, savings bank or savings and loan association whose home office is located in this state, with any insurance company authorized to do business in this state, with the United States government and its agencies, with respect to such real property and take any other action and execute any other document or instrument to the extent necessary or appropriate to effect any such loan, provide security therefor, carry out or modify the terms thereof, and effect any compromise or settlement of any such loan or of any claim with respect thereto; (b) to receive, hold and dispose of such real property, make and execute contracts, notes, deeds, mortgages, agreements and other instruments necessary and appropriate to acquire such property; and (c) to dispose of such real property so acquired, and make and execute contracts, deeds, agreements and other instruments necessary and appropriate to dispose of such property.

Notwithstanding any contrary provision or rule of law, no such husband or wife shall have the power to disaffirm, because of minority, any act or transaction which he or she is hereinabove empowered to perform or engage in, nor shall any defense based upon minority be interposed in any action or proceeding arising out of any such act or transaction.

The above provision, however, shall affect only transactions entered into subsequent to September first, nineteen hundred sixty-five.

4. A person who has attained the age of eighteen years shall have the power, regardless of his or her minority to enter into a binding and enforceable contract for a loan or loans with a bank, trust company, private banker, national bank, branch or agency of a foreign banking corporation licensed pursuant to article two, or branch of an out-of-state depository institution authorized pursuant to article five-C, of the banking law or savings bank, or with a savings and loan association or credit union which is chartered under the laws of this state or under the provisions of federal law and is authorized to do business in this state and, in the case of a credit union, if said person is within the field of membership of the credit union, and to take any other action and execute any other document or instrument to the extent necessary or appropriate to effect any such loan, provide security therefor, carry out or modify the terms thereof, and effect any compromise or settlement of any loan or of any claim with respect thereto.

Notwithstanding any contrary provision or rule of law, no such person who has attained the age of eighteen years shall have the power to disaffirm or renounce solely because of his minority any act or transaction which he or she is hereinabove empowered to perform or engage in, nor shall any defense based upon minority be interposed in any action or proceeding arising out of such act or transaction.

The above provision shall affect only transactions entered into on or after June twenty-third, nineteen hundred seventy-three and before September first, nineteen hundred seventy-four.

Section 3-102. Obligations of certain minors for hospital, medical and surgical treatment and care.

1. An obligation incurred by a married minor for hospital, medical and surgical treatment and care for such minor or such minor's children shall not be voidable because of minority. For the purpose of this section only, subsequent judgment of divorce or annulment shall not alter the obligation previously incurred.

Section 3-103. Contracts pursuant to the "Servicemen's Readjustment Act of 1944" as amended; when they may not be disaffirmed.

1. A veteran, eligible for the benefits provided for in Section 1801 and following of Title 38 of the United States Code, and the spouse of such veteran, regardless of the minority of either or both and without limitation of the powers of any such person who is of full age, shall each have power (a) to enter into and contract for a loan or loans to such veteran pursuant to such title; (b) to receive, hold and dispose of real or personal property, make and execute contracts, notes, deeds, mortgages, agreements and other instruments, and take any other action, to the extent necessary or appropriate to effect any such loan, provide security therefor, carry out or modify the terms thereof, and effect any compromise or settlement of any such loan or of any claim with respect thereto; and (c) to dispose of real or personal property so acquired and make and execute contracts, deeds, agreements and other instruments necessary or appropriate for such purpose.

2. Notwithstanding any contrary provision or rule of law, no such veteran or spouse shall have the power to disaffirm, because of minority, any act or transaction which he or she is hereinabove empowered to perform or engage in, nor shall any defense based upon minority be interposed in any action or proceeding arising out of any such act or transaction.

Section 3-107. Certain contracts of parents or guardians respecting employment of infants not enforceable unless approved.

Where a contract providing for performance or rendering of services by an infant is one which the supreme court or surrogate's court has jurisdiction to approve as provided in section 3-105 of this chapter, no parent or guardian of the infant with respect to whose services the contract is made shall, unless the contract is so approved, be liable on the contract either as a party or as a guarantor of its performance:

1. If the infant was a resident of the state at the time the contract was made or at the time of the event by reason of which liability is sought to be imposed, by reason of any disaffirmance, repudiation or breach of the contract or any term thereof, or any failure or refusal of the infant to perform, or

2. In any other case, by reason of any failure or refusal of the infant to perform or render services required or permitted by the contract to be performed or rendered in this state or any failure or refusal of the parent or guardian to cause such services to be rendered or performed.

Section 3-109. Payment of wages to minor; when valid.

Where a minor is in the employment of a person other than his parent or guardian, payment to such minor of his wages is valid, unless such parent or guardian notify the employer in writing, within thirty days after the commencement of such service, that such wages are claimed by such parent or guardian, but whenever such notice is given at any time payments to the minor shall not be valid for services rendered thereafter.

Section 3-111. Negligence of parent or other custodian not imputed to infant.

In an action brought by an infant to recover damages for personal injury the contributory negligence of the infant's parent or other custodian shall not be imputed to the infant.