General Obligations Law 12-108 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 12-107 Joinder up ARTICLE 12 Drug Dealer Liability Act next SECTION 12-109 Judgments; execution and enforcement Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email 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.