(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.
Structure New York Laws
Article 11 - Obligations to Make Compensation or Restitution
11-101 - Compensation for Injury Caused by the Illegal Sale of Intoxicating Liquor.
11-103 - Compensation for Injury Caused by the Illegal Sale of Controlled Substances.
11-104 - Additional Liability of Drawer.
11-105 - Larceny in Mercantile Establishments.
11-106 - Compensation for Injury or Death to Police Officers and Firefighters or Their Estates.
11-107 - Compensation for Harm to a Guide, Hearing or Service Dog.