N.Y. General Obligations Law § 11-101 : Compensation — General Obligations — Obligations To Make Compensation Or Restitution — Compensation for injury caused by the illegal sale of intoxicating liquor

7 Oct 2015

Current through 2016 New York Laws, Chapters 1 to 237

1. Any person who shall be injured in person, property, means of support, or otherwise by any intoxicated person, or by reason of the intoxication of any person, whether resulting in his death or not, shall have a right of action against any person who shall, by unlawful selling to or unlawfully assisting in procuring liquor for such intoxicated person, have caused or contributed to such intoxication; and in any such action such 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.
N.Y. Gen. Oblig. Law § 11-101