New York Laws
Article 14-A - Damage Actions: Effect of Contributory Negligence and Assumption of Risk
1412 - Burden of Pleading; Burden of Proof.

ยง 1412. Burden of pleading; burden of proof. Culpable conduct claimed
in diminution of damages, in accordance with section fourteen hundred
eleven, shall be an affirmative defense to be pleaded and proved by the
party asserting the defense.