
    Max Loewinthan, Appellant, v. Beth David Hospital et al., Defendants, and Charles Loventhal et al., Defendants-Respondents.
    Submitted March 2, 1943;
    decided April 8, 1943.
    
      
      B. Leo Schwarz and Sidney M. Wittner for appellant.
    
      David J. Rosen for respondents.
   Per Curiam.

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.  