From Casetext: Smarter Legal Research

Friedman v. Lillie Einsidler Trust No. 201

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 275 (N.Y. App. Div. 1998)

Opinion

March 24, 1998

Appeal from the Supreme Court, New York County (Harold Tompkins, J.).


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 defendants clearly raise issues of fact for trial ( see, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Plaintiff's remaining arguments are without merit.

Concur — Wallach, J. P., Rubin, Williams, Mazzarelli and Saxe, JJ.


Summaries of

Friedman v. Lillie Einsidler Trust No. 201

Appellate Division of the Supreme Court of New York, First Department
Mar 24, 1998
248 A.D.2d 275 (N.Y. App. Div. 1998)
Case details for

Friedman v. Lillie Einsidler Trust No. 201

Case Details

Full title:JACK FRIEDMAN, Doing Business as FORT TRYON NURSING HOME, Appellant, v…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 24, 1998

Citations

248 A.D.2d 275 (N.Y. App. Div. 1998)
670 N.Y.S.2d 80

Citing Cases

In re Callahan v. N.Y.C. Fire Dept. Pension Bd. of Tr.

" (Whitney on Contracts [4th ed., 1946], p. 273.)." ( See Silverman v Silverman, 204 NY2d 41, 47 [1st Dept…