Walsh v. Parkchester General Hospital — 33 A.D.2d 540

Majority

p. 540

Mary C. Walsh, as Administratrix of the Estate of Philip B. Walsh, Sr., Deceased, Respondent, v. Parkchester General Hospital, Appellant, et al., Defendant.

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.

Cases cited

Koump v. Smith 25 N Y 2d 287 N.Y. 1969-07-02 p. 540