May 24, 1967
Appeal from the District Court of the County of Nassau, FRANCIS J. DONOVAN, J.
Keilson Keilson ( Joseph Keilson of counsel), for appellant.
Ira I. Van Leer for respondents.
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.