...; Allen v Dutchess County Mut. Ins. Co., 95 App. Div. 86, 89). Waiver is an intentional relinquishment of a known right and should not be lightly presumed...court has repeatedly held that in order to obtain summary judgment, movant must establish its defense or cause of action sufficiently to warrant a court's directing judgment in its favor as a matter of...Associated Fur Mfrs., 46 N.Y.2d 1065, 1067-1068). The party opposing the motion, on the other hand, must produce evidentiary proof in admissible form sufficient to require a trial of material...

...voluntary relinquishment of a known right, but to the loss of a right based on a failure to perform an obligation. B. As...that, as plaintiffs point out, some decisions have defined the term "waiver" as the voluntary relinquishment of a known right. (See, e.g., Henderson v. Drake (1953...' assertion, however, none of the cases concerning the failure to timely demand arbitration have used the word "waiver" to mean voluntary relinquishment of a known right. Federal as...

..., 113 S.Ct. at 1777. The Supreme Court also explained the difference between waiver of a constitutional right and forfeiture of a constitutional right. The Court explained, "Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the intentional relinquishment or abandonment of a known right..."). We now hold, consistent with Olano, that a waiver is the intentional relinquishment of a known right, whereas the simple failure to assert a right, without any affirmative steps...assert double jeopardy before the district court was a forfeiture of that right, not a waiver"); United States v. Branham, 97 F.3d 835, 842...

...act, is consensual, and consists of the intentional relinquishment of a known right. ( Western Casualty Surety Co. v. Brochu (1985), 105...relinquishment of a known right" and we reject the insureds' argument on this issue. The insureds also contend that the insurers should be barred from asserting noncoverage in this action...insurers either have waived or abandoned or should be barred from asserting their right to claim noncoverage as a policy defense under the principles of res judicata. In...

...generally accepted definition of the term "waiver" is the intentional relinquishment of a known right, or the voluntary relinquishment of a known right, or conduct which warrants an inference of the...relinquishment of a known right. There can be no waiver unless the party against whom the waiver is invoked was in possession of all the material facts. Fireman's Fund Insurance Company v. Vogel.... In the order of reinstatement it was commented, "* * * [T]he defendant has waived any right to a continuance of the trial and/or of any right to complain at this...

...intentional and voluntary relinquishment of a known right or such conduct as warrants an inference of the relinquishment of such right. SAME — WAIVER — EFFECT. Once a party has relinquished a known right...ordinarily applies to all rights or privileges to which a person is legally entitled. A waiver is the intentional and voluntary relinquishment of a known right, or such conduct as warrants an...relinquishment of a right, or by a neglect to insist upon it, while an estoppel presupposes some conduct or dealing with another by which the other is induced to act, or to forbear to act." (Italics ours.) [2, 3] Once a party has relinquished a known right...

...clause. Waiver is "the intentional relinquishment of a known right" ( Werking v. Amity Estates, 2 N.Y.2d 43, 52). As we stated in...an "intentional relinquishment of a known right"? If it did not, then, there is no basis for either inference or finding of waiver. ( Werking...deliberately tried and their right to be heard in the usual manner of a trial protected." Inasmuch as it is our opinion, upon this record, that a triable issue is presented as to the...

...attempt to define the effect due, in our opinion, to any part of the evidence. A waiver, not express, found in the acts, conduct or language of a party, is rarely established as a matter of law rather than as a matter of fact. This conclusion inheres in its nature and character. A waiver is an intentional abandonment or relinquishment of a known right or...sufficient to prove that there was in fact an intention to waive the right or benefit — a voluntary choice not to claim it. The acts and language of the party must be given, as evidence...barrel, of cement sold by the plaintiff to the defendant. The trial justice directed a verdict based upon the purchase price of one dollar and...

...ineffective because it was not knowingly and voluntarily made. We agree. Waiver is the intentional and voluntary relinquishment of a known right and knowledge and intent are essential elements...of indictment, defendant entered a guilty plea to a superior court information which charged him with attempted criminal possession of a weapon in the third degree. The waiver contained a provision...that defendant waived his right to appeal from any judgment of conviction under the superior court information. Defendant contends that the waiver of his right to appeal is...

...eviction claim by its post-termination, pre-petition acceptance of a single “rent” payment. “Waiver is an intentional relinquishment of a known right and should not be lightly presumed...City of New York, New York County (Cheryl J. Gonzales, J.), dated December 27, 2011, which denied his motion to dismiss the holdover petition pursuant to CPLR 3211(a)(1) and (7). Present: SHULMAN.... We sustain the denial of appellant's preanswer motion to dismiss the holdover petition, since appellant failed to conclusively establish that petitioner-landlord waived the right to pursue its...

...to arbitrate. We have defined "waiver" as the voluntary and intentional relinquishment of a known right or conduct which implies the voluntary and intentional relinquishment of a known right. Major.... After the statement of claim was filed with the NYSE, Raymond James' counsel sent a letter to Saldukas' counsel disputing Saldukas' and Stesal LLC's right to arbitration and stating in part that...Third Districts held that there was a requirement for proof of prejudice for there to be a waiver of a right to arbitrate sufficient to deny arbitration. The Second District's decision is consistent...

...of full knowledge precluded his acts from constituting an "intentional abandonment or relinquishment of a known right," that is, a waiver. Whether a waiver has occurred is a matter of intention, and.... Judgment unanimously affirmed, with costs. The individual whose acts are claimed to constitute a waiver by the defendant of its right to insist that the policy of insurance had been breached did...Indemnity Co., 250 N.Y. 281), although that element would be immaterial if there were in fact a waiver properly chargeable to the defendant so as to make applicable the doctrine of 269 Canal...

...intentional relinquishment of a known right or intentional conduct inconsistent with claiming that right. Massachusetts Bond Ins. Co. v. Orkin Exterm. Co...of an oil and gas lease between Lynda Benton and Sun Exploration and Production Company. Following a trial without a jury, the trial court rendered judgment in favor of Benton. The court of appeals...remainder of the judgment. Benton's asserted interest in the property originated in a conveyance dated March 5, 1966 from...

...the voluntary abandonment or relinquishment of a known right, which, except for such waiver, the party would have enjoyed" ( P D Cards Gifts v Matejka, 150 AD2d 660, 662). Waiver "may be...the existence of a general nonwaiver clause in the condominium by-laws in and of itself precludes waiver of the right to enforce a provision of the by-laws or the rules and regulations...alia, for a judgment declaring that a regulation of the defendants Inwood Hills Condominium and the Board of Managers of Inwood Hills Condominium prohibiting the ownership of pets is of no force and...

...intentional, voluntary relinquishment of a known right (see, Gilbert Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966, 968... PETER WHITE, Plaintiff, v. CHURCH OF OUR LADY OF SORROWS, Appellant, and PATRICK J. O'DONOGHUE CONSTRUCTION, INC., Respondent, et al., Defendants. (And a Third-Party...Action.) Appellate Division of the Supreme Court of New York, First Department. November 5, 1998 Appeal from...

..., 714 N.W.2d 530, 535-36 (2006) (same). Minnesota law provides that waiver is "the `intentional relinquishment of a known right.'" In...). There is a split of authority as to whether a party must show detrimental reliance, in addition to the intentional relinquishment of a known right, to establish waiver under..., Valspar tacitly acknowledged its default under the contract and waived its right to receive written notice. Valspar counters that eliminating the requirement of written notice of default is a...

.... Initially, we note that the issue is more properly considered one of forfeiture than of waiver. The term "waiver" is best reserved for a litigant's intentional relinquishment of a known right. Where...a litigant's action or inaction is deemed to incur the consequence of loss of a right, or, as here, a defense, the term "forfeiture" is more appropriate. See United States v. Olano, 507 U.S. 725, 733 (1993) ("Waiver is different from forfeiture. Whereas forfeiture is the failure to make the timely assertion of a right, waiver is the `intentional relinquishment or abandonment of a known right...assertion of the defense in the answer and the litigation of the defense in a motion. Although the passage of time alone is generally not sufficient to indicate forfeiture of a procedural right, see...

...Voluntary Relinquishment of Known Right. "Waiver" is voluntary relinquishment of a known right, and it must be the result of an intentional relinquishment of a known right, or an estoppel from...down in the Fields case. It was therein held: "`Waiver' is voluntary relinquishment of a known right, and it must be the result of an intentional relinquishment of a known right, or...his constitutional right to refuse to answer questions that might incriminate him, should be considered as affecting the admissibility of any statements made by him purporting to be a confession of...

...). A waiver, the intentional relinquishment of a known right (Matter of Meachem v New York Cent. R.R. Co., 8 N.Y.2d 293, 299), may be...right to discharge plaintiff before he retired on a pension. Plaintiff Hadden, a former vice-president of defendant Consolidated Edison Company of New York, Inc. [Con Edison...plaintiff was in charge of its construction. Upon appeal from a previous summary judgment determination, this court remanded for resolution of the issue of whether "Con Edison's waiver of its right to...