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  5. 36 N.Y.2d 811 (1975)
 

INDOVISION ENTERPRIZES, INC. v. CARDINAL EXP. CORP.

36 N.Y.2d 811 (1975)

Indovision Enterprizes, Inc., Respondent, v. Cardinal Export Corporation, Appellant.

Court of Appeals of the State of New York.

Decided April 30, 1975.

Attorney(s) appearing for the Case

Mortimer G. Levine for appellant.

Jeremiah S. Gutman for respondent.

Chief Judge BREITEL and Judges JASEN, JONES and WACHTLER concur in memorandum; Judges GABRIELLI, FUCHSBERG and COOKE dissent and vote to reverse in a separate memorandum.

MEMORANDUM.

Order affirmed with costs to abide the event on the opinion of Mr. Justice ARON STEUER at the Appellate Division, with the added comment that the provision in question is not a "commercial absurdity". On one interpretation it could serve the useful purpose of terminating the entire agreement if for whatever reason the buyer failed to supply a letter of credit. This could make commercial sense, for example, if...

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