Legal Opinion

X.L.O. Concrete Corp. v. Brady & Co.

New York Court of Appeals

Decided December 17, 1985PublishedCited by 28 opinions

1Opinion of the Court

*973OPINION OF THE COURT

Order affirmed, with costs, and question certified answered in the affirmative for so much of the reasons stated in the opinion by Justice Joseph P. Sullivan at the Appellate Division (104 AD2d 181) as holds that a liquidated damage provision in a construction contract is not vitiated by the owner’s own culpability in causing some of the delay, and that in the situation here present the owner is limited to recovery of the stipulated sum.

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons and Titone. Taking no part: Judges Kaye and Alexander.

2Cases cited1 opinion

X.L.O. Concrete Corp. v. John T. Brady & Co.Appellate Division of the Supreme Court of the State of New York · 1984

3Cited by28 opinions

Willner v. WillnerAppellate Division of the Supreme Court of the State of New York · 1989
Federal Realty Ltd. Partnership v. Choices Women's Medical Center, Inc.Appellate Division of the Supreme Court of the State of New York · 2001
Fingerlakes Chiropractic, P. C. v. MaggioAppellate Division of the Supreme Court of the State of New York · 2000
Goodridge v. Harvey Group, Inc.District Court, S.D. New York · 1991
Irving Tire Co. v. Stage II Apparel Corp.Appellate Division of the Supreme Court of the State of New York · 1996

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