A waiver is the voluntary abandonment or relinquishment of a known right. A waiver is not created by negligence, oversight, or thoughtlessness, and cannot be inferred from mere silence, but, rather, the party claiming a waiver must proffer evidence of a voluntary and intentional relinquishment of a known and otherwise enforceable right. Contractual rights may be waived if they are knowingly, voluntarily, and intentionally abandoned,
Antebi v. Guindi, NY Slip Op 06044 (2d Dep't November 5, 2025)
