§ 2-A-108 — Unconscionability

New York § 2-A-108

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 1: General Provisions
• Art. 2-A: Leases

Text

Section 2-A-108. Unconscionability.\n (1) If the court as a matter of law finds a lease contract or any\nclause of a lease contract to have been unconscionable at the time it\nwas made the court may refuse to enforce the lease contract, or it may\nenforce the remainder of the lease contract without the unconscionable\nclause, or it may so limit the application of any unconscionable clause\nas to avoid any unconscionable result.\n (2) With respect to a consumer lease, if the court as a matter of law\nfinds that a lease contract or any clause of a lease contract has been\ninduced by unconscionable conduct or that unconscionable conduct has\noccurred in the collection of a claim arising from a lease contract, the\ncourt may grant appropriate relief.\n (3) Before making a finding of unconscionability under subsection (1)\nor (2), the court, on its own motion or that of a party, shall afford\nthe parties a reasonable opportunity to present evidence as to the\nsetting, purpose, and effect of the lease contract or clause thereof, or\nof the conduct.\n (4) In an action in which the lessee claims unconscionability with\nrespect to a consumer lease:\n (a) if the court finds unconscionability under subsection (1) or\n (2), the court shall award reasonable attorney's fees to the\n lessee.\n (b) in determining attorney's fees, the amount of recovery on\n behalf of the claimant under subsections (1) and (2) is not\n controlling.\n