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Loewinthan v. Beth David Hospital

48 N.E.2d 319, 290 N.Y. 188, 1943 N.Y. LEXIS 1121
CourtNew York Court of Appeals
DecidedApril 8, 1943
StatusPublished
Cited by6 cases

This text of 48 N.E.2d 319 (Loewinthan v. Beth David Hospital) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Loewinthan v. Beth David Hospital, 48 N.E.2d 319, 290 N.Y. 188, 1943 N.Y. LEXIS 1121 (N.Y. 1943).

Opinion

Per Curiam.

The complaint should not have been dismissed as against these defendants-respondents. Their communications were protected by a qualified privilege but plaintiff’s proof made out a prima facie case of malice. (Ashcroft v. Hammond, 197 N. Y. 488.) The question was for the jury.

The judgments should be reversed and a new trial granted with costs to abide the event.

Lehman, Ch. J., Loughran, Finch, Rippey, Lewis, Conway and Desmond, JJ., concur.

Judgments reversed, etc.

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Gasperini v. Manginelli
196 Misc. 547 (New York Supreme Court, 1949)
Loewinthan v. Le Vine
87 N.E.2d 303 (New York Court of Appeals, 1949)
Loewinthan v. Le Vine
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Loewinthan v. Beth David Hospital, Loventhal
50 N.E.2d 241 (New York Court of Appeals, 1943)

Cite This Page — Counsel Stack

Bluebook (online)
48 N.E.2d 319, 290 N.Y. 188, 1943 N.Y. LEXIS 1121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loewinthan-v-beth-david-hospital-ny-1943.