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CPLR 1603 · Article 16. Limited Liability of Persons Jointly Liable

Burdens 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)

§ 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.

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/CVP1603
Text hash
sha256 69ea95c7fbfcc0b9a9db697c032ab5d8549f47a6e321c7ac0bc0842a630dc212
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.