De Rosa v. Tucker

Appellate Division of the Supreme Court of New York

De Rosa v. Tucker

271 A.D.2d 835

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1946

StatusPublished

This text of 271 A.D.2d 835 (De Rosa v. Tucker) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

De Rosa v. Tucker, 271 A.D.2d 835 (N.Y. Ct. App. 1946).

Pincite

Opinion

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[836]*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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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[836]*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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Bluebook (online)

271 A.D.2d 835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/de-rosa-v-tucker-nyappdiv-1946.