§ 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:

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Terms Used In N.Y. General Obligations Law 3-107

  • Contract: A legal written agreement that becomes binding when signed.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

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.