X.L.O. Concrete Corp. v. John T. Brady and Company Et Al‪.‬

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 sum.