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Weidman v. Tomaselli

84 Misc. 2d 782 Court Supreme Court, Appellate Term, Second Department, Decision date 1975-12-10 English

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p. 782
Mark Weidman, as Agent for Spring Valley Garden Associates, Appellant, v Frank Tomaselli et al., Respondents.
Supreme Court, Appellate Term, Second Department,
December 10, 1975
Dubbs, Leopold & Davis, P. C. (Charles G. Davis of counsel), for appellant. Lawrence H. Pearson for respondents.

Memorandum. Final judgment affirmed with $25 costs.

Upon review of the issues presented, this court agrees with the decision of the County Court ( 81 Misc 2d 328 ) that clause 32 of the lease is unconscionable. We find it unnecessary at this time to pass on the alternative bases suggested by the court below.

Concur: Hogan P. J., Glickman and Farley, JJ.

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