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1300 DEPUBLISHED A defendant who inserted boiler plate exhaustion-of-administrative-remedies language as one of 17 affirmative defenses in an answer but did nothing to pursue the issue during a year of extensive discovery on all other issues thereby waived the right to administrative review and was not entitled to summary judgment on the eve of trial on the ground that plaintiff failed to exhaust administrative remedies.CitationHWB v NISSAN (Administrative Remedies) 45 CA4 1663 [See: Waller v Truck 11 C4 1, T/AT 10/95]
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