AVILDSEN v. PRYSTAY


171 A.D.2d 13 (1991)

John Avildsen, Respondent, v. Myroslawa Prystay, Appellant

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

September 19, 1991


Attorney(s) appearing for the Case

Ann Detiere for appellant.

Harvey I. Sladkus of counsel (Feiden, Dweck & Sladkus, attorneys), for respondent.

ASCH and KASSAL, JJ., concur with WALLACH, J.; ROSENBERGER, J. P., and SMITH, J., dissent in an opinion by SMITH, J.


WALLACH, J.

We affirm the order appealed from essentially for the reasons stated by Justice Fingerhood. However the issue addressed by the dissent — the alleged unconscionability of the bargain (not discussed by the motion court and upon which the dissenters would reverse and remand for a further hearing) — requires a response.

The judicial power to annul a contractual obligation because...

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