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White v. Church of Our Lady of Sorrows

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1998
255 A.D.2d 109 (N.Y. App. Div. 1998)

Opinion

November 5, 1998

Appeal from the Supreme Court, New York County (Paula Omansky, J.).


The church initially established its entitlement to summary judgment, as well as the general contractor O'Donoghue's liability for damages suffered by plaintiff, based upon its uncontroverted showing that O'Donoghue failed to procure insurance for the church as per their agreement (see, Kinney v. Lisk Co., 76 N.Y.2d 215; Morel v. City of New York, 192 A.D.2d 428, 429). O'Donoghue's contention that the church waived this breach must be rejected inasmuch as it fails to present any evidence tending to establish that the purported waiver was the intentional, voluntary relinquishment of a known right (see, Gilbert Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966, 968; Santamaria v. 1125 Park Ave. Corp., 238 A.D.2d 259, 261) Indeed, there is no evidence here that the church even knew that O'Donoghue had failed to provide the agreed-upon coverage.

Concur — Rosenberger, J. P., Ellerin, Nardelli and Williams, JJ.


Summaries of

White v. Church of Our Lady of Sorrows

Appellate Division of the Supreme Court of New York, First Department
Nov 5, 1998
255 A.D.2d 109 (N.Y. App. Div. 1998)
Case details for

White v. Church of Our Lady of Sorrows

Case Details

Full title:PETER WHITE, Plaintiff, v. CHURCH OF OUR LADY OF SORROWS, Appellant, and…

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

Date published: Nov 5, 1998

Citations

255 A.D.2d 109 (N.Y. App. Div. 1998)
679 N.Y.S.2d 381

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