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SHAPIRO v. HEALTH INS. PLAN OF GREATER NEW YORK

7 A.D.2d 733 (1958)

Alfred L. Shapiro, Respondent, v. Health Insurance Plan of Greater New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 1, 1958

Order affirmed, with $10 costs and disbursements.

No opinion.

Ughetta, J., dissents and votes to reverse the order and to grant the motion, with the following memorandum:

Concededly the defense of qualified privilege is established, but appellants are denied summary judgment on the holding that a question of fact remains as to malice which would destroy this defense. While it is true that the texts frequently discuss

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