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VIGILANTE v. GHETTO KIDS, INC.

282 A.D.2d 672 (2001)

723 N.Y.S.2d 689

JOHN VIGILANTE, Respondent, v. GHETTO KIDS, INC., Doing Business as BOARDY BARN, et al., Defendants, and EPISCOPAL HEALTH SERVICE, INC., et al., Appellants.

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

Decided April 23, 2001.

Ordered that the order is affirmed, with costs.

The burden of establishing that disputed material is exempt from disclosure is on the party opposing discovery (see, Kellner v General Motors Corp., 273 A.D.2d 444). The appellants failed to meet their burden of establishing that the entry in the office chart maintained by Dr. S. Scheman that they sought to shield from disclosure was statutorily exempt from disclosure pursuant...

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