Section 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.