FROSTIFRESH CORP. v. REYNOSO


54 Misc.2d 119 (1967)

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

Supreme Court, Appellate Term, Second Department.

May 24, 1967


Attorney(s) appearing for the Case

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

Concur — SCHWARTZWALD, FANELLI and BECKINELLA, JJ.


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...

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