Walsh v. Parkchester General Hospital
33 A.D.2d 540, 304 N.Y.S.2d 270, 1969 N.Y. App. Div. LEXIS 3164
Appellate Division of the Supreme Court of the State of New York·Decided October 14, 1969·Published·Cited by 1 cases
Opinion
Order entered April 30, 1969, directing appellant to comply with plaintiff’s notice and for other relief, unanimously 'affirmed, with $30 costs and disbursements to respondent, on the following grounds: Defendant, having asserted the privilege of immunity, has the burden of sustaining the claim. The burden of proof is on the one who asserts the privilege. (Koump v. Smith, 25 N Y 2d 287.) Bare eonelusory statements factually unsupported cannot be relied on. Concur — ■ Stevens, P. J., Tilzer, McGivern, McNally and Macken, JJ.
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Walsh v. Parkchester General Hospital, 33 A.D.2d 540, 304 N.Y.S.2d 270, 1969 N.Y. App. Div. LEXIS 3164 (N.Y. Ct. App. 1969).
33 A.D.2d 540 (Walsh v. Parkchester General Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
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