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NEW YORK MARINE AND GENERAL INSURANCE COMPANY v. SIRIUS AMERICA INSURANCE COMPANY

2010-06646.

83 A.D.3d 1019 (2011)

NEW YORK MARINE AND GENERAL INSURANCE COMPANY et al., Respondents, v. SIRIUS AMERICA INSURANCE COMPANY, Appellant, et al., Defendants.

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

Decided April 26, 2011.

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

A party asserting that material sought in disclosure is privileged 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]; Bombard v Amica Mut. Ins. Co., 11 A.D.3d 647...

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