Citation Numbers： 54 Misc. 2d 119, 281 N.Y.S.2d 964, 4 U.C.C. Rep. Serv. (West) 300, 1967 N.Y. Misc. LEXIS 1497
Filed Date： 5/24/1967
Status： Precedential
Modified Date： 10/19/2024
While the evidence clearly warrants a finding that the contract was unconscionable (Uniform Commercial Code, § 2-302), we are of the opinion that plaintiff should recover its net cost for the refrigerator-freezer, plus a reasonable profit, in addition to. trucking and service charges necessarily incurred and reasonable finance charges.
The judgment should be unanimously reversed, without costs, and a new trial ordered limited to an assessment of plaintiff’s damages and entry of judgment thereon.
Concur — Schwartzwald, Fanelli and Beckinella, JJ.
Judgment reversed, etc.