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Article 8 - NY Civil Rights Law
CAUSES OF ACTION FOR ALIENATION OF AFFECTIONS, CRIMINAL CONVERSATION, SEDUCTION AND BREACH OF CONTRACT TO MARRY ABOLISHED
Section |
Description |
80-A | Causes of action for alienation of affections, criminal conversation, seduction and breach of contract to marry abolished. |
80-B | (Enacted without section heading). |
81 | Commencement or threat of action unlawful. |
82 | Causing payment, satisfaction, settlement or compromise unlawful; instruments void. |
83 | Penalties. |
84 | Construction; inconsistent laws. |
S 80-a. Causes of action for alienation of affections, criminal
conversation, seduction and breach of contract to marry abolished. The
rights of action to recover sums of money as damages for alienation of
affections, criminal conversation, seduction, or breach of contract to
marry are abolished. No act done within this state shall operate to give
rise, either within or without this state, to any such right of action.
No contract to marry made or entered into in this state shall operate to
give rise, either within or without this state, to any cause or right of
action for its breach.
S 80-b. Nothing in this article contained shall be construed to bar a
right of action for the recovery of a chattel, the return of money or
securities, or the value thereof at the time of such transfer, or the
rescission of a deed to real property when the sole consideration for
the transfer of the chattel, money or securities or real property was a
contemplated marriage which has not occurred, and the court may, if in
its discretion justice so requires, (1) award the defendant a lien upon
the chattel, securities or real property for monies expended in
connection therewith or improvements made thereto, (2) deny judgment for
the recovery of the chattel or securities or for rescission of the deed
and award money damages in lieu thereof.
S 81. Commencement or threat of action unlawful. It shall be unlawful
for any person, either as a party or attorney, or in behalf of either,
to file, serve or cause to be filed or served, or threaten to file,
serve or cause to be filed or served, any process or pleading, in any
court of the state, setting forth or seeking to recover a sum of money
upon any cause of action abolished by this article, whether such cause
of action arose within or without the state.
S 82. Causing payment, satisfaction, settlement or compromise
unlawful; instruments void. Any contract or instrument executed after
March twenty-ninth, nineteen hundred thirty-five, within this state in
payment, satisfaction, settlement or compromise of any claim or cause of
action abolished by this article, whether such claim or cause of action
arose within or without this state, is contrary to the public policy of
this state and absolutely void. It shall be unlawful to cause, induce or
procure any person to execute such a contract or instrument; or to
receive, take or accept any money or thing of value, or cause, induce or
procure any person to give, pay, transfer or deliver any money or thing
of value, in payment, satisfaction, settlement or compromise of any such
claim or cause of action. It shall be unlawful to commence or cause to
be commenced, either as party or attorney, or in behalf of either, in
any court of this state, any proceeding or action seeking to enforce or
recover upon any such contract or instrument, knowing it to be such,
whether it was executed within or without this state.
S 83. Penalties. Any person who violates any of the provisions of this
article shall be guilty of a felony which shall be punishable by a fine
of not less than one thousand dollars nor more than five thousand
dollars, or by imprisonment for a term of not less than one year nor
more than five years, or by both such fine and imprisonment, in the
discretion of the court.
S 84. Construction; inconsistent laws. This article shall be liberally
construed to effectuate its objects and purposes and the public policy
of the state as hereby declared. If any part of this article, or its
application to any persons or circumstances, is adjudged by a court to
be invalid or ineffectual, such judgment shall not affect the remainder
of the article or its application to any other person or circumstances.
This article shall supersede all laws inconsistent with it to the extent
of such inconsistency, but in all other respects shall be deemed
supplemental to such laws. Nothing contained in this article shall be
construed as a repeal of any provision of the penal law or the criminal
procedure law or any other law relating to criminal or quasi-criminal
actions or proceedings.
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