Frostifresh Corp. v. Reynoso

54 Misc. 2d 119 | N.Y. App. Term. | 1967

Per Curiam.

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.

midpage