(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.
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