LOEWINTHAN v. BETH DAVID HOSPITAL

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.