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ESS & VEE ACOUSTICAL & LATHING CONTRACTORS, INC. v. PRATO VERDE, INC.

268 A.D.2d 332 (2000)

702 N.Y.S.2d 38

ESS & VEE ACOUSTICAL & LATHING CONTRACTORS, INC., Appellant, v. PRATO VERDE, INC., et al., Respondents.

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

Decided January 20, 2000.

The motion court erred in granting summary judgment since there exist many issues of fact which preclude summary judgment. "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, 968). The intent to waive "must be unmistakably manifested, and is not to be inferred from a doubtful or equivocal act" (Orange Steel Erectors v Newburgh Steel...

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