Loewinthan v. Beth David Hospital
Loewinthan v. Beth David Hospital
48 N.E.2d 319; 290 N.Y. 188; 1943 N.Y. LEXIS 1121
(North Eastern Reporter, Second Series)
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.