Current through 2024 NY Law Chapter 456
Section 12-108 - Culpable conduct; contribution1. 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.N.Y. Gen. Oblig. Law § 12-108