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MARY C. WALSH v. PARKCHESTER GENERAL HOSPITAL (10/14/69)

October 14, 1969

MARY C. WALSH, AS ADMINISTRATRIX OF THE ESTATE OF PHILIP B. WALSH, SR., DECEASED, RESPONDENT,
v.
PARKCHESTER GENERAL HOSPITAL, APPELLANT, ET AL., DEFENDANT



Concur -- Stevens, P. J., Tilzer, McGivern, McNally and Macken, JJ.

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 conclusory statements factually unsupported cannot be relied on.

19691014

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