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This entry was published on 2014-09-22
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Burdens of proof
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 16
§ 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