Appellate Division of the Supreme Court of New York, 1946

De Rosa v. Tucker

De Rosa v. Tucker
Appellate Division of the Supreme Court of New York · Decided November 18, 1946
271 A.D.2d 835
De Rosa v. Tucker

Opinion of the Court

Action to recover damages for alleged breach e£ contract to install a new roof “as soon as may conveniently be done” upon premises leased to respondents. Order denying appellants’ motion to dismiss the complaint as legally insuffi*836eient, affirmed, with $10 costs and disbursements. As used in the agreement, the words “ as soon as may conveniently be done ” mean “ as soon as may reasonably be done under the circumstances.” Lewis, P. J., Carswell, Johnston, Aldrich and Nolan, JJ., concur. [See post, p. 927.]

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