2006 New York Code - Trial And Burden Of Proof Of Contributory Negligence

  § 5-4.2 Trial and burden of proof of contributory negligence
    On  the  trial  of an action accruing before September first, nineteen
  hundred  seventy-five  to  recover  damages  for   causing   death   the
  contributory  negligence  of  the  decedent  shall  be  a defense, to be
  pleaded and proved by the defendant.

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