Prior to answer the defendant-respondent moved under CPLR 3211 (subd [a]) to dismiss the complaint on several grounds, all but one of which were denied by Special Term. It granted dismissal on the ground of waiver and estoppel; that the plaintiff had relinquished a right that, although unknown to him, ought to have been known since it was a right vested by statute and he is an attorney. This is contrary to law. A waiver is an intentional relinquishment; it cannot be created...
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