On November 5, 2025, the Second Department issued a decision in Antebi v. Guindi, 2025 NY Slip Op. 06044, holding that a plaintiff waived his right to contractual interest, explaining:
In 2007, the plaintiff loaned Royal Choice $750,000. The terms of the loan provided that the plaintiff was to receive the original amount back in two years, with an additional $200,000; if he was not repaid within that time, interest would begin to accrue on the loan.
. . . Guindi averred, among other things, that the plaintiff waived his right to any interest at a meeting in 2014, that the original amount of the loan was paid back to the plaintiff later that year, and that Guindi’s salary increase was approved by a majority of the members of Royal Choice. The defendants included a transcript of the 2014 meeting. . . .
The Supreme Court properly adhered to its determination granting that branch of the defendants’ motion which was for summary judgment dismissing so much of the first cause of action as was based on the defendants’ alleged failure to repay the loan. 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. In addition, contractual rights may be waived if they are knowingly, voluntarily and intentionally abandoned. Here, the defendants’ submissions demonstrated, prima facie, that the plaintiff waived his right to any interest on the loan and that the original loan amount had been paid back to the plaintiff in 2014. In opposition, the plaintiff failed to raise a triable issue of fact.
(Internal quotations and citations omitted).