Appellate Terms of the Supreme Court of New York, 1967

Frostifresh Corp. v. Reynoso

Frostifresh Corp. v. Reynoso
Appellate Terms of the Supreme Court of New York · Decided May 24, 1967
54 Misc. 2d 119; 281 N.Y.S.2d 964; 4 U.C.C. Rep. Serv. (West) 300; 1967 N.Y. Misc. LEXIS 1497

Counsel

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

Frostifresh Corp. v. Reynoso

Opinion of the Court

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.

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