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This entry was published on 2014-09-22
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SECTION 11-103
Compensation for injury caused by the illegal sale of controlled substances
General Obligations (GOB) CHAPTER 24-A, ARTICLE 11, TITLE 1
§ 11-103. Compensation for injury caused by the illegal sale of
controlled substances. 1. (a) Any person who is injured in person,
property, means of support or otherwise by a person whose abilities are
impaired by the use of a controlled substance, or by reason of such
person's impairment, shall have a right of action against any person who
caused or contributed to such impairment by unlawfully selling to or
unlawfully assisting in procuring a controlled substance for such

(b) In any such action, the injured person shall have a right to
recover actual and exemplary damages.

2. In case of the death of either party, the action or right of action
given by this section shall survive to or against his or her executor or
administrator, and the amount so recovered by either a husband, wife or
child shall be his or her sole and separate property.

3. Such action may be brought in any court of competent jurisdiction.

4. In any case where parents shall be entitled to such damages, either
the father or mother may sue alone therefor, but recovery by one of such
parties shall be a bar to suit brought by the other.

5. The term "controlled substance" when used in this section, means
and includes any substance listed in section thirty-three hundred six of
the public health law.