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  5. 66 N.Y.2d 970 (1985)
 

X.L.O. CONCRETE CORP. v. JOHN T. BRADY & CO.

66 N.Y.2d 970 (1985)

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

Court of Appeals of the State of New York.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Robert P. Walton, S. Andrew Schaffer and Moira Morrissey for appellant.

Frederick Cohen and Charles Fastenberg for respondents.

Concur: Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS and TITONE. Taking no part: Judges KAYE and ALEXANDER.

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 A.D.2d 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...

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