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Loewinthan v. Beth David Hospital

290 N.Y. 188 Court N.Y. Decision date 1943-04-08 English

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p. 188
Max Loewinthan, Appellant, v. Beth David Hospital et al., Defendants, and Charles Loventhal et al., Defendants-Respondents.
Submitted March 2, 1943;
decided April 8, 1943.
p. 190
B. Leo Schwarz and Sidney M. Wittner for appellant.
David J. Rosen for respondents.

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.

Cases cited