What is the test for waiver of a person's right to seek relief from the courts?
"New York", United States of America
The following excerpt is from 159 MP Corp. v. Redbridge Bedford, LLC, 104 N.Y.S.3d 1, 128 N.E.3d 128, 33 N.Y.3d 353 (N.Y. 2019):
of private right, and no considerations of public policy or morals are involved, and having once done so he cannot subsequently invoke its protection" ( Sentenis v. Ladew , 140 N.Y. 463, 466, 35 N.E. 650 [1893] ). However, "waiver is not permitted where a question of jurisdiction or fundamental rights is involved and public injury would result" ( People ex rel. Battista v. Christian , 249 N.Y. 314, 318, 164 N.E. 111 [1928] ).
[33 N.Y.3d 371]
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