N.Y. Civil Practice Law & Rules § 1603: 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.