N.Y. Civil Practice Law & Rules Section 1603
Burdens of proof

In any action or claim for damages for personal injury a party asserting that the limitations on liability set forth in this article do not apply shall allege and prove by a preponderance of the evidence that one or more of the exemptions set forth in subdivision one of section sixteen hundred one or section sixteen hundred two applies. A party asserting limited liability pursuant to this article shall have the burden of proving by a preponderance of the evidence its equitable share of the total liability.

Source: Section 1603 — Burdens of proof, https://www.­nysenate.­gov/legislation/laws/CVP/1603 (updated Sep. 22, 2014; accessed Mar. 9, 2025).

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Accessed:
Mar. 9, 2025

Last modified:
Sep. 22, 2014

§ 1603’s source at nysenate​.gov

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