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 NY2d 287, 294; Bombard v Amica Mut. Ins. Co., 11 AD3d 647, 648; All Waste Sys. v Gulf Ins. Co., 295 AD2d 379, 380). Here, the defendant Sirius America Insurance Company (hereinafter the appellant) failed to meet its burden of establishing that the subject agency agreement between itself and nonparty UTC Risk Management Services, Inc., is privileged or otherwise exempt from discovery ( see Diamond State Ins. Co. v Utica First Ins. Co., 37 AD3d 160, 161-162; Bertalo's Rest. v Exchange Ins. Co., 240 AD2d 452, 455). Accordingly, the Supreme Court properly granted that branch of the plaintiffs' motion which was to compel the appellant to respond to the plaintiffs' notice to produce dated January 6, 2010, insofar as it sought disclosure of the agency agreement.