X.L.O. Concrete Corp. v. Brady & Co.
Cases that cite this one
27 later published cases cite this decision. The 25 that cite it most often are listed here.
- Mars Associates, Inc. v. Facilities Development Corp. (Appellate Division of the Supreme Court of New York 1986)
- K2M Design, Inc. v. Schmidt Consulting Group, Inc. (District Court, S.D. New York 2024)
- Populus Media, Inc. v. Erb (District Court, S.D. New York 2024)
- Parkmerced Invs., LLC v. WeWork Cos. LLC (Appellate Division of the Supreme Court of New York 2023)
- Jannetti v. Whelan (Appellate Division of the Supreme Court of New York 2018)
- Wenger Constr. Co., Inc. v. City of Long Beach (Appellate Division of the Supreme Court of New York 2017)
- Grynberg v. Advance Nanotech, Inc. (Appellate Division of the Supreme Court of New York 2010)
- Blue Heron Construction Co., LLC v. Village of Nunda (Appellate Division of the Supreme Court of New York 2009)
- Days Inns Worldwide v. Mandir, Inc. (United States District Court, Oklahoma Western 2005)
- Special Situations Fund III v. Attunity, Ltd. (Appellate Division of the Supreme Court of New York 2004)
- Hunts Point Multi-Service Center, Inc. v. Terra Firma Construction Management & General Contracting, LLC (Appellate Division of the Supreme Court of New York 2004)
- McKesson Automated Healthcare, Inc. v. Brooklyn Hospital Center (New York Supreme Court 2004)
- McKesson Automated Healthcare, Inc. v. Brooklyn Hosp. Ctr. (New York Supreme Court, Kings County 2004)
- Lease Corp. of America, Inc. v. Resnick (Appellate Division of the Supreme Court of New York 2001)
- Federal Realty Ltd. Partnership v. Choices Women's Medical Center, Inc. (Appellate Division of the Supreme Court of New York 2001)
- United States Ex Rel. AWL Industries, Inc. v. Site Remediation Services Corp. (District Court, E.D. New York 2000)
- Fingerlakes Chiropractic, P. C. v. Maggio (Appellate Division of the Supreme Court of New York 2000)
- Eldor Contracting Corp. v. County of Nassau (Appellate Division of the Supreme Court of New York 2000)
- International Fidelity Insurance v. County of Chautauqua (Appellate Division of the Supreme Court of New York 1997)
- Irving Tire Co. v. Stage II Apparel Corp. (Appellate Division of the Supreme Court of New York 1996)
- Wetzler v. Roosevelt Raceway, Inc. (Appellate Division of the Supreme Court of New York 1995)
- Koko Contracting, Inc. v. State (Appellate Division of the Supreme Court of New York 1995)
- 1776 Associates Corp. v. Broadway West 57th Street Associates (Appellate Division of the Supreme Court of New York 1992)
- Jessen v. Jessen (Wyo. 1991)
- Goodridge v. Harvey Group, Inc. (District Court, S.D. New York 1991)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion 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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.