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MAY v. PEEKSKILL MILITARY ACAD.

1 A.D.2d 960 (1956)

Lester E. May, Respondent, v. Peekskill Military Academy et al., Appellants Peter P. George, Respondent, v. Peekskill Military Academy et al., Appellants Robert Ryan, Respondent, v. Peekskill Military Academy et al., Appellants

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

April 9, 1956

Orders, insofar as appealed from, affirmed, with one bill of $10 costs and disbursements.

Whether or not the matter stated in the letter addressed to the parents of the cadets at the appellant school is privileged is immaterial on the motions to dismiss the complaints for insufficiency. Privilege is a matter of defense to be pleaded and proved. (Ostrowe v. Lee, 256 N.Y. 36, 41; Kennedy v. James Butler, Inc., 245 N...

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