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Defendant correctly contends on appeal that the court erred in submitting to the jury the question of whether the limitation of damages clause was unconscionable because unconscionability is a question of law to be decided by the court (see, Sablosky v Gordon Co., 73 NY2d 133, 138). Although that error was harmless because the court made its own finding
*927 that the clause was unconscionable, we find that the court erred in so finding, and thus we find that reversal is required. Plaintiff, a commercial farmer, failed to overcome the presumption of conscionability (see, Cayuga Harvester v Allis-Chalmers Corp., 95 AD2d 5, 20-21). (Appeal from judgment of Supreme Court, Oswego County, Donovan, J. — breach of warranty.) Present — Callahan, J. P., Boomer, Pine, Balio and Davis, JJ.
Document Info
Docket Number: Appeal No. 2
Citation Numbers: 158 A.D.2d 926
Filed Date: 2/2/1990
Precedential Status: Precedential
Modified Date: 1/13/2022