2006 New York Code - Burdens Of Proof

 
    §  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.