1. Home
  2. Browse Decisions
  3. A.D.2d
  4. 104 A.D.2d
  5. 104 A.D.2d 181 (1984)
 

X.L.O. CONCRETE v. BRADY & CO.

104 A.D.2d 181 (1984)

X.L.O. Concrete Corp., Plaintiff, v. John T. Brady and Company et al., Appellants-Respondents John T. Brady and Company, Third-Party Plaintiff-Appellant-Respondent, v. New York University, Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendant

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

December 6, 1984

Attorney(s) appearing for the Case

Frederick Cohen of counsel (Andrea Popik Taber and Charles Fastenberg with him on the brief; Ross & Cohen, attorneys), for appellants-respondents and third-party plaintiff-appellant-respondent.

Robert P. Walton of counsel (S. Andrew Schaffer, attorney), for third-party defendant-respondent-appellant.

ROSS, CARRO, BLOOM and KASSAL, JJ., concur.

SULLIVAN, J. P.

This appeal presents the question of whether a construction contract clause providing recompense to the owner at a stipulated amount per day for the contractor's delay in completing the project is vitiated by the owner's own culpability in causing at least some of the delay, so that the owner is free to seek actual delay damages in excess of the sum stipulated. We hold that it is not.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases