N.Y. General Obligations Law § 11-103: Compensation for injury caused by the illegal sale of controlled substances

§ 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

person.

(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.