SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT
October 14, 1969
MARY C. WALSH, AS ADMINISTRATRIX OF THE ESTATE OF PHILIP B. WALSH, SR., DECEASED, RESPONDENT,
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.
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