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INTERNOR TRADE, INC. v. GOLDMARK PLASTIC COMPOUNDS, INC.

166 A.D.2d 211 (1990)

Internor Trade, Inc., Respondent, v. Goldmark Plastic Compounds, Inc., et al., Appellants. (Action No. 1.) Internor Trade, Inc., et al., Respondents, v. Goldmark Plastic Compounds, Inc., Appellant. (Action No. 2.)

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

October 9, 1990

Plaintiff's failure to avail itself of the right to examine further documents at defendants' premises, between November 16 and December 31, 1987, until two years later, did not constitute a waiver. Waiver is the intentional relinquishment of a known right, which must be evidenced by a clear manifestation of intent. (Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966.) Insofar as plaintiff and defendants untimely proceeded with other aspects...

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