N.Y. C.P.L.R. 1603

§ 1603. Burdens of proof. In any action or claim for damages for\npersonal injury a party asserting that the limitations on liability set\nforth in this article do not apply shall allege and prove by a\npreponderance of the evidence that one or more of the exemptions set\nforth in subdivision one of section sixteen hundred one or section\nsixteen hundred two applies. A party asserting limited liability\npursuant to this article shall have the burden of proving by a\npreponderance of the evidence its equitable share of the total\nliability.\n