N.Y. Uniform Commercial Code Law § 2-a-108: Unconscionability

Section 2-A-108. Unconscionability.

(1) If the court as a matter of law finds a lease contract or any

clause of a lease contract to have been unconscionable at the time it

was made the court may refuse to enforce the lease contract, or it may

enforce the remainder of the lease contract without the unconscionable

clause, or it may so limit the application of any unconscionable clause

as to avoid any unconscionable result.

(2) With respect to a consumer lease, if the court as a matter of law

finds that a lease contract or any clause of a lease contract has been

induced by unconscionable conduct or that unconscionable conduct has

occurred in the collection of a claim arising from a lease contract, the

court may grant appropriate relief.

(3) Before making a finding of unconscionability under subsection (1)

or (2), the court, on its own motion or that of a party, shall afford

the parties a reasonable opportunity to present evidence as to the

setting, purpose, and effect of the lease contract or clause thereof, or

of the conduct.

(4) In an action in which the lessee claims unconscionability with

respect to a consumer lease:

(a) if the court finds unconscionability under subsection (1) or

(2), the court shall award reasonable attorney's fees to the

lessee.

(b) in determining attorney's fees, the amount of recovery on

behalf of the claimant under subsections (1) and (2) is not

controlling.