1. The Laws of New York
  2. Consolidated Laws
  3. Civil Practice Law & Rules
  4. 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.