Frostifresh Corp. v. Reynoso — 54 Misc. 2d 119

Majority

p. 119

Frostifresh Corporation, Appellant, v. Luis Reynoso et al., Respondents.

Supreme Court, Appellate Term, Second Department,

May 24, 1967.

p. 120

Keilson & Keilson (Joseph Keilson of counsel), for appellant. Ira I. Van Leer for respondents.

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.