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  5. 223 A.D.2d 369 (1996)
 

FELDMAN CO., INC. v. ATWOOD RICHARDS, INC.

223 A.D.2d 369 (1996)

636 N.Y.S.2d 312

Feldman Co., Inc., Appellant, v. Atwood Richards, Inc., Respondent, et al., Defendants

Appellate Division of the Supreme Court of the State of New York, First Department.

January 9, 1996

The IAS Court, in granting summary judgment in favor of defendant Atwood Richards, properly determined that the clause in the April 17, 1992 Letter Agreement between plaintiff and Atwood Richards, which specifically provided that the goods were "subject to availability from [defendant] Lapoutre", is an express contingency to performance which relieved Atwood Richards from liability, when defendant Lapoutre refused to deliver those...

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