Loewinthan v. Beth David Hospital
New York Court of Appeals
Loewinthan v. Beth David Hospital, 48 N.E.2d 319 (N.Y. 1943)
290 N.Y. 188; 1943 N.Y. LEXIS 1121
<italic>Per Curiam.</italic>
Loewinthan v. Beth David Hospital
Opinion of the Court
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.
Reference
- Full Case Name
- Max Loewinthan, Appellant, v. Beth David Hospital Et Al., Defendants, and Charles Loventhal Et Al., Defendants-Respondents
- Cited By
- 6 cases
- Status
- Published