E. v. W.


210 A.D.2d 918 (1994)

620 N.Y.S.2d 665

Heidi E., Appellant, v. Wanda W., Respondent

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

December 23, 1994


Order and judgment unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendant's cross motion to dismiss plaintiff's cause of action for breach of the promise of confidentiality. A waiver may be express or implied, and "may be established * * * by acts and conduct manifesting an intent and purpose not to claim the alleged advantage or from which an intention to waive may reasonably be inferred" (57 NY Jur 2d, Estoppel, Ratification...

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