The plaintiff filed for summary judgement. In addition, implied warranties of merchantability and of particular use are apparently disclaimed. In Barco Auto v. PSI Cosmetics, 478 N.Y.S. 2d 505 (1984) the issue at hand is, whether a lessor’s disclaimer of all warranties in an automobile lease is contracted when a vehicle is used for business purposes quits functioning within a short period of time. Although, there are several cases that have applied to Article 2 of the U.C.C. pertaining to leases; Article 2 can be applied to typical sales, but to apply Article 2 to a lease it needs to be “placed along a spectrum measuring willingness to depart from the sale construct." In the “Marquette Law Review” author Lee A. Pizzimenti states that “It is unlikely that the party with inferior bargaining power will recognize and enforce his right to avoid an unconscionable contract” (p. 151). The court found that the defense of unconscionability is an affirmative
The plaintiff filed for summary judgement. In addition, implied warranties of merchantability and of particular use are apparently disclaimed. In Barco Auto v. PSI Cosmetics, 478 N.Y.S. 2d 505 (1984) the issue at hand is, whether a lessor’s disclaimer of all warranties in an automobile lease is contracted when a vehicle is used for business purposes quits functioning within a short period of time. Although, there are several cases that have applied to Article 2 of the U.C.C. pertaining to leases; Article 2 can be applied to typical sales, but to apply Article 2 to a lease it needs to be “placed along a spectrum measuring willingness to depart from the sale construct." In the “Marquette Law Review” author Lee A. Pizzimenti states that “It is unlikely that the party with inferior bargaining power will recognize and enforce his right to avoid an unconscionable contract” (p. 151). The court found that the defense of unconscionability is an affirmative