Appellate Division of the Supreme Court of the State of New York July 11, 1983 (Romanian American Interests, Inc. v. Scher)

OPINION OF THE COURT

Mollen, P. J.

In this action, plaintiff seeks to recover damages from its former attorney for legal malpractice arising out of his handling of a prior lawsuit. The primary issue on this appeal concerns which of the two parties bears the burden of proof on the question of the viability of affirmative defenses raised against the plaintiff in the prior action.