Fingerlakes Aquaculture, LLC, an indoor fish hatchery, entered into a contract for Progas Welding Supply to build and deliver a 13,000-gallon oxygen storage tank. The contract required that the tank be delivered during the week of June 21, 1999, with a $400-per-day liquidated damages provision, denoted a “fine.” Throughout the year, Progas delivered smaller tanks, but was never able to deliver the 13,000-gallon tank. In June 2001, Fingerlakes Aquaculture bought a tank from another supplier and filed suit seeking the $400-per-day liquidated damages. Progas says that because of the other tanks, Fingerlakes Aquaculture had no damages and the total of $292,000 (the $400 per day for the 210 days of delay) was void as a penalty. Who is correct? Why? [Fingerlakes Aquaculture, LLC v Progas Welding Supply, Inc., 825 N.Y.S.2d 559 (2006)]