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FRIEDMAN v. LILLIE EINSIDLER TRUST NO. 201

248 A.D.2d 275 (1998)

670 N.Y.S.2d 80

Jack Friedman, Doing Business as Fort Tryon Nursing Home, Appellant, v. Lillie Einsidler Trust No. 201 et al., Respondents, et al., Defendants

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

March 24, 1998

Waiver is an intentional relinquishment of a known right and should not be lightly presumed (Gilbert Frank Corp. v Federal Ins. Co., 70 N.Y.2d 966). Here, plaintiff's papers did not establish his entitlement to judgment in his favor as a matter of law (Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851, 853) and, in any event, the affidavits and documentary evidence submitted on behalf of...

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