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De Rosa v. Tucker

271 A.D.2d 835 Court N.Y. App. Div. Decision date 1946-11-18 English

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p. 835
Daniel De Rosa et al., Respondents, v. George C. Tucker et al., Individually and as Trustees under the Will of Arthur C. Tucker, Deceased, Appellants.

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

p. 836
eient, 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.]