Opinion
June 4, 1992
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
The attorney-client privilege requires some showing that the subject information was disclosed in a confidential communication to an attorney for the purpose of obtaining legal advice (Matter of Priest v. Hennessy, 51 N.Y.2d 62, 68-69). The work-product privilege requires an attorney affidavit showing that the information was generated by an attorney for the purpose of litigation (see, Warren v. New York City Tr. Auth., 34 A.D.2d 749). The burden of satisfying each element of the privilege falls on the party asserting it (Matter of Priest v. Hennessy, supra, at 69), and conclusory assertions will not suffice (Witt v. Triangle Steel Prods. Corp., 103 A.D.2d 742). Mr. Walker should be afforded an opportunity to satisfy these burdens at his deposition.
We have reviewed plaintiff's remaining cgntention, and find it to be without merit.
Concur — Ellerin, J.P., Kupferman, Ross, Asch and Kassal, JJ.