1250 Broadway, 27th Floor New York, NY 10001


j0438505.jpgIn Garcia v. Konkul , Jose Garcia sued Jakub Konkul for property damage and personal injuries suffered in a car accident.

Before the case was brought, Garcia entered into an agreement releasing Konkul of all liability in exchange for $1,377.40.

Garcia later claimed the agreement was unenforceable since he didn't speak English and didn't understand the release's nature and scope.

When the Queens County Civil Court granted Konkul's request to dismiss the case, Garcia appealed to the Appellate Term, Second Department, which didn't appreciate Garcia's arguments, particularly since the law presumes that the signor of an agreement is familiar with "its contents and ... assented to its terms."

Because he didn't make an independent effort to ascertain what the agreement meant, and there was no indication he was misled in any way, the AD2 allowed the dismissal to remain undisturbed.


j0283618.gifTo download a copy of the Appellate Term's decision, please use this link: Garcia v. Konkul