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FROSTIFRESH CORP. v. REYNOSO

Supreme Court, Appellate Term, Second Department.
May 24, 1967

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.