What is the burden of establishing privilege against a party who is not entitled to privilege?
"New York", United States of America
The following excerpt is from Vanderbilt (Rosner-Hickey), Matter of, 439 N.E.2d 378, 453 N.Y.S.2d 662, 57 N.Y.2d 66 (N.Y. 1982):
9 Of course, nothing stated here is intended to shift the burden of establishing the privilege from the party asserting the privilege (see Bloodgood v. Lynch, 293 N.Y. 308, 314, 56 N.E.2d 718).
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