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BOMBARD v. AMICA MUTUAL INSURANCE COMPANY

11 A.D.3d 647 (2004)

783 N.Y.S.2d 85

GEORGE E. BOMBARD, Respondent, v. AMICA MUTUAL INSURANCE COMPANY, Appellant.

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

October 25, 2004.

Ordered that the order is affirmed insofar as appealed from, with costs.

The party asserting the privilege provided by CPLR 3101 (d) bears the burden of demonstrating that the material it seeks to withhold is immune from discovery (see Koump v Smith, 25 N.Y.2d 287, 294 [1969]) by identifying the particular material with respect to which the privilege is asserted and establishing with specificity that the material was prepared...

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