Grunfeld v. Grunfeld

We respectfully dissent. The majority remits for an evidentiary hearing solely to determine whether the allocation of the parties’ assets and liabilities under the stipulation is so one-sided in favor of defendant as to be unconscionable. Under current analysis of the doctrine of unconscionability, the majority has thus decided that plaintiff raised an issue of fact concerning "substantive” unconscionability, which arises out of the unfairness of the terms of the parties’ agreement, rather than "procedural” unconscionability, which focuses on the unfairness of the process of contract…