Gutlove & Shirvint, Inc. v. Continental Insurance

—Order, Supreme Court, New York County (Ira Gammerman, J.), entered March 20, 1998, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The waiver alleged by plaintiff was properly rejected, since there was no proof of defendant insurer’s knowledge of the right it is alleged to have waived (see, Sargent v Halsey, 42 AD2d 375, 380; see also, Beacon Term. Corp. v Chemprene, Inc., 75 AD2d 350, 355-356, Iv denied 51 NY2d 706). Moreover, “[i]nasmuch as the insured failed to demonstrate actual prejudice by virtue of the insurer’s…