Skip to main content

CPLR 1412 · Article 14-A. Damage Actions: Effect of Contributory Negligence and Assumption of Risk

Burden of pleading; burden of proof

Verbatim from the official edition

Text — Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)

§ 1412. Burden of pleading; burden of proof. Culpable conduct claimed in diminution of damages, in accordance with section fourteen hundred eleven, shall be an affirmative defense to be pleaded and proved by the party asserting the defense.

Source of truth

Edition
Law content up to date as of July 3, 2026, as published by the New York State Senate (Open Legislation)
Official file
https://legislation.nysenate.gov/pdf/laws/CVP1412
Text hash
sha256 e2c6de17cfacd6d0f109debbdbf5328cc9cd85683a5b69f3fe466e3403b0acdc
Composed by
gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order

Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.