- The Laws of New York
- Consolidated Laws
- Civil Practice Law & Rules
- Article 16: Limited Liability of Persons Jointly Liable
Section 1603 Burdens of proof
Civil Practice Law & Rules (CVP)
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.