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.