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Loewinthan v. Beth David Hospital

Court: New York Court of Appeals
Date filed: 1943-04-08
Citations: 48 N.E.2d 319, 290 N.Y. 188
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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 primafacie 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. *Page 191