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LANDMARK INS v. RIVAGE REST.

121 A.D.2d 98 (1986)

Landmark Insurance Company, Appellant, v. Beau Rivage Restaurant, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 22, 1986

Attorney(s) appearing for the Case

Bouck, Holloway, Kiernan & Casey (Thomas J. Johnson of counsel), for appellant.

J. Russell Clune, P. C. (Laura Freeman of counsel), for respondent.

MOLLEN, P. J., BRACKEN and BROWN, JJ., concur.

RUBIN, J.

The burden of showing that specific material is conditionally immune from discovery under CPLR 3101 (d) because it was prepared solely in anticipation of litigation, is upon the party asserting the immunity (see, Koump v Smith, 25 N.Y.2d 287, 294; Westhampton Adult Home v National Union Fire Ins. Co., 105 A.D.2d 627

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