1. The Laws of New York
  2. Consolidated Laws
  3. Civil Practice Law & Rules
  4. Article 14-A: Damage Actions: Effect of Contributory Negligence and Assumption of Risk

Section 1412 Burden of pleading; burden of proof

Civil Practice Law & Rules (CVP)

Culpable conduct claimed in diminution of damages, in accordance with section fourteen hundred eleven, shall be an affirmative defense to be pleaded and proved by the party asserting the defense.