§ 1412. Burden of pleading; burden of proof. Culpable conduct claimed\nin diminution of damages, in accordance with section fourteen hundred\neleven, shall be an affirmative defense to be pleaded and proved by the\nparty asserting the defense.\n
Burden of pleading; burden of proof
N.Y. Civil Practice Law & Rules Law § 1412, under Damage Actions: Effect of Contributory Negligence and Assumption of Risk.
N.Y. Civil Practice Law & Rules Law § 1412