N.Y. CPLR § 1603
N.Y. CPLR § 1603 - Burdens of Proof (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1603 Burdens of proof § 1603. Burdens of proof. In any action or claim for damages forpersonal injury a party asserting that the limitations on liability setforth in this article do not apply shall allege and prove by apreponderance of the evidence that one or more of the exemptions setforth in subdivision one of section sixteen hundred one or sectionsixteen hundred two applies. A party asserting limited liabilitypursuant to this article shall have the burden of proving by apreponderance of the evidence its equitable share of the totalliability.