Shklovskiy v. Khan

• Decision Date: 19 June 2000
• Citation: Shklovskiy v. Khan, 273 AD2d 371, 709 N.Y.S.2d 208 (N.Y. App. Div. 2000)
• Court: New York Supreme Court — Appellate Division
• Parties: VLADIMIR SHKLOVSKIY et al., Appellants-Respondents,<BR>v.<BR>LATIFF KHAN, Respondent-Appellant, et al., Defendant.

273 A.D.2d 371

709 N.Y.S.2d 208

VLADIMIR SHKLOVSKIY et al., Appellants-Respondents,

v.LATIFF KHAN, Respondent-Appellant, et al., Defendant.

Decided June 19, 2000.

Bracken, J.P., Joy, Thompson, Goldstein and Feuerstein, JJ., concur.

Ordered that the order is affirmed, with costs.

Releases are contracts and their interpretation is governed by principles of contract law.Where the language of the release is clear, effect must be given to the intent of the parties as indicated by the language employed (see, Stone v National Bank & Trust Co.,188 AD2d 865;Mergler v Crystal Props. Assocs.,179 AD2d 177, 178).A release will not be treated lightly, and will be set aside by a court only for duress, illegality, fraud, or mutual mistake (see, Mangini v McClurg,24 NY2d 556;L & K Holding Corp. v Tropical Aquarium,192 AD2d 643;Stone v National Bank & Trust Co., supra).

In the case at bar, the injured plaintiff executed two documents contemporaneously.He claims that one of the documents he executed, the release relied upon by the defendantLatiff Khan, was obtained by fraud in that he could not read English and, when he asked Khan to read and explain the documents, Khan purportedly told him that they were merely receipts.

To avoid a release on the ground of fraud, a party must allege every material element of that cause of action with specific and detailed evidence in the record sufficient to establish a prima facie case (see, Touloumis v Chalem,156 AD2d 230;Matter of O'Hara,85 AD2d 669, 670).In addition, a party will not be excused from his failure to read and understand the contents of a release.A party who signs a document without any valid excuse for having failed to read it is conclusively bound by its terms.Persons who are illiterate in the English language are not automatically excused from complying with the terms...