KOBRIN v. GASTFRIEND


443 Mass. 327 (2005)

KENNARD C. KOBRIN v. DAVID R. GASTFRIEND.

Supreme Judicial Court of Massachusetts, Bristol.

January 20, 2005.


Attorney(s) appearing for the Case

George C. Deptula for the plaintiff.

William J. Dailey, Jr., for the defendant.

Thomas F. Reilly, Attorney General, Peter Clark & David R. Marks, Assistant Attorneys General, & John H. Walsh, for the Commonwealth, amicus curiae, submitted a brief.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.


COWIN, J.

This case has its origin in disciplinary actions brought against a psychiatrist (the plaintiff here) by the Board of Registration in Medicine (board). The defendant, also a psychiatrist, was hired by the board to assist in its investigation of the complaints. After he was exonerated by the board on all charges, the plaintiff sued the defendant for statements made in the form of an affidavit. The defendant's special...

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