May v. Peekskill Military Academy
This text of 1 A.D.2d 960 (May v. Peekskill Military Academy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In three separate but similar actions by three separate persons to recover damages for libel, the appeals are from orders insofar as they deny a motion in each action to dismiss the complaint for insufficiency. 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. Y. 204, 207.) Nolan, P. J., Beldock, Murphy, Hallinan and Kleinfeld, JJ., concur.
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Cite This Page — Counsel Stack
1 A.D.2d 960, 1956 N.Y. App. Div. LEXIS 5788, Counsel Stack Legal Research, https://law.counselstack.com/opinion/may-v-peekskill-military-academy-nyappdiv-1956.