Statute · New York Civil Practice Law & Rules

N.Y. C.P.L.R. 1603 — Burdens of proof

N.Y. C.P.L.R. 1603

Type
Statute
Source
New York Civil Practice Law & Rules
Jurisdiction
New York
Current through
Nov 4, 2026 (NY Senate Open Legislation)

§ 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…

Citator

N.Y. C.P.L.R. 1603 — Burdens of proof is in force in the current edition of the Code, and nothing recorded condemns it.

§ 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 liability.