Supreme Court of New York Held That the Release Executed by Plaintiff Has No Legal Effect and Is Vacated

The plaintiff filed a suit after the defendant backed up her vehicle and struck the plaintiff’s vehicle. The plaintiff, believing that a document sent by Progressive Insurance was settling her claim for vehicle damage, signed what turned out to be a release which barred her from asserting any further claims arising out of the accident, including personal injury claims. Although the plaintiff was not proficient in English, the document was provided only in English and was not explained to the plaintiff in her native language of Chinese Cantonese. The plaintiff did not understand the release, and it was Progressive’s obligation to procure such a release fairly and knowingly by ensuring the plaintiff understood the document she was signing. Here, because Progressive took advantage of the plaintiff to her detriment, the release is of no legal effect. 

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