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N.Y. UCC Law § 2-A-108

This is the official text of N.Y. UCC Law § 2-A-108, part of New York’s UCC Law — part of the compiled statutory law of New York, published by the state as "UCC Law." Browse the sections below, each linked to its official government source.

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Unconscionability

Official statutory 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

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.