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INDUSTRALEASE v. R. M. E. ENTER.

58 A.D.2d 482 (1977)

Industralease Automated & Scientific Equipment Corporation, Appellant, v. R. M. E. Enterprises, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 11, 1977

Attorney(s) appearing for the Case

Hays, St. John, Abramson & Heilbron (Edward J. Walsh, Jr., and R. Victor Bernstein of counsel), for appellant.

Samuel W. Gilman for respondents.

MARTUSCELLO, LATHAM and DAMIANI, JJ., concur.

HOPKINS, J. P.

The primary issue before us is whether disclaimers of express and implied warranties in a lease of industrial equipment are unconscionable under the circumstances where the equipment never operated (see Uniform Commercial Code, §§ 2-302, 2-316). A subsidiary issue is whether the Uniform Commercial Code applies to leases of equipment.

The action is brought to recover unpaid rent...

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