Daily Archives: Tuesday, June 25, 2019

Posted: June 25, 2019

Claim Barred by Election of Remedies

On June 13, 2019, Justice Platkin of the Albany County Commercial Division issued a decision in Inferno Rest. & Pizzeria, Inc. v. SW Michaels Pizzeria, Inc., 2019 NY Slip Op. 50995(U), holding that a counterclaim was barred by the defendants’ election of remedies, explaining: Waiver is the voluntary and intentional relinquishment of a known right.... Read more »