Loewinthan v. Beth David Hospital

48 N.E.2d 319, 290 N.Y. 188, 1943 N.Y. LEXIS 1121
New York Court of Appeals·Decided April 8, 1943·Published·Cited by 6 cases

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

48 N.E.2d 319 (Loewinthan v. Beth David Hospital) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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