N.Y. Est. Powers & Trusts Law § 5-4.2

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