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This entry was published on 2014-09-22
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SECTION 12-108
Culpable conduct; contribution
General Obligations (GOB) CHAPTER 24-A, ARTICLE 12
§ 12-108. Culpable conduct; contribution. 1. An action by an
individual drug user shall be governed by the provisions of article
fourteen-A of the civil practice law and rules. An action by a person
other than an individual drug user shall not be governed by the
provisions of article fourteen-A of the civil practice law and rules.

2. The defendant shall bear the burden of proving the comparative
culpable conduct of the plaintiff.

3. Comparative culpable conduct shall not be attributed to a plaintiff
who is not an individual drug user.

4. A person subject to liability under this article shall have a right
of action for contribution against another person subject to liability
under this article pursuant to article fourteen of the civil practice
law and rules. A plaintiff may seek recovery in accordance with this
article and any other appropriate provision of law from a person against
whom a defendant has asserted a right of contribution.