Loewinthan v. Beth David Hospital , 290 N.Y. 188 ( 1943 )

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.