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FRANCE v. ST. CLARE'S HOSP.

82 A.D.2d 1 (1981)

Joseph France, Respondent, v. St. Clare's Hospital and Health Center, Appellant, et al., Defendant

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

July 9, 1981

Attorney(s) appearing for the Case

Edward D. Cavanagh of counsel (Thomas J. Martin with him on the brief; Kelley Drye & Warren, attorneys), for appellant.

Abraham Werfel of counsel (Pops & Estrin, P. C., attorneys), for respondent.

BIRNS, J. P., and MARKEWICH, J., concur with SULLIVAN, J.; BLOOM and FEIN, JJ., dissent in an opinion by BLOOM, J.

SULLIVAN, J.

Plaintiff sues for libel, alleging that in a letter to a third party St. Clare's Hospital falsely stated that he was afflicted with venereal disease, as a result of which he suffered emotional stress, disruption of his ten-year relationship with his girlfriend, and sexual impotence.

The facts are not in dispute and may be briefly stated. On February 3, 1977, plaintiff, at the request of Leonard...

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