Heidi E. v. Wanda W.

—Order and judgment unanimously affirmed without costs. Memorandum: Supreme Court properly granted defendant’s cross motion to dismiss plaintiffs cause of action for breach of the promise of confidentiality. A waiver may be express or implied, and "may be established * * * by acts and conduct manifesting an intent and purpose not to claim the alleged advantage or from which an intention to waive may reasonably be inferred” (57 NY Jur 2d, Estoppel, Ratification and Waiver, § 81, at 117). By authorizing her friend to inquire about her condition and concerns, plaintiff waived her right to…