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Loewinthan v. Beth David Hospital

Court of Appeals of the State of New York
Apr 8, 1943
48 N.E.2d 319 (N.Y. 1943)

Opinion

Submitted March 2, 1943

Decided April 8, 1943

Appeal from the Supreme Court, Appellate Division, First Department, HOFSTADTER, J.

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.


Summaries of

Loewinthan v. Beth David Hospital

Court of Appeals of the State of New York
Apr 8, 1943
48 N.E.2d 319 (N.Y. 1943)
Case details for

Loewinthan v. Beth David Hospital

Case Details

Full title:MAX LOEWINTHAN, Appellant, v. BETH DAVID HOSPITAL et al., Defendants, and…

Court:Court of Appeals of the State of New York

Date published: Apr 8, 1943

Citations

48 N.E.2d 319 (N.Y. 1943)
48 N.E.2d 319

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