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COURTNEY-CLARKE v. RIZZOLI INT'L PUBL'N, INC.

251 A.D.2d 13 (1998)

676 N.Y.S.2d 529

Margaret Courtney-Clarke, Respondent, v. Rizzoli International Publications, Inc., Appellant

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

June 2, 1998

The requisite clear manifestation of an intent by plaintiff to relinquish her known right to the royalty rate in the publishing agreement is not inferable, under the circumstances, from her mere silence, oversight or thoughtlessness in failing to object to the lower royalty rate she had been receiving, and thus the defense of waiver was properly dismissed (see, Bank of N. Y. v Murphy, 230 A.D.2d 607, 608, lv dismissed<...

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