Walsh v. Parkchester General Hospital

33 A.D.2d 540, 304 N.Y.S.2d 270, 1969 N.Y. App. Div. LEXIS 3164

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 14, 1969
• Status: Published

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.