A.C.E. El. Co., Inc. v 180 Montague St., LLC
2004 NY Slip Op 07380 [11 AD3d 294]
October 14, 2004
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
Appellate Division, First Department
As corrected through Wednesday, December 15, 2004


A.C.E. Elevator Co., Inc., Respondent,
v
180 Montague Street, LLC, Appellant, et al., Defendants.

[*1]

Judgment, Supreme Court, New York County (Ira Gammerman, J.), entered September 4, 2003, which, after a jury trial, awarded plaintiff the principal sum of $209,902.40, and directed that defendant's property be sold at public auction to satisfy plaintiff's mechanic's lien, unanimously affirmed, with costs.

The intention of the parties was fully determinable from the language of the agreement, which was unambiguous (see Kass v Kass, 91 NY2d 554, 566 [1998]). The court thus properly refused to allow extrinsic matter, in the form of a document containing preliminary specifications, into evidence (W.W.W. Assoc. v Giancontieri, 77 NY2d 157, 162-163 [1990]). Hearsay testimony of defendant's lessee, offered for the purpose of proving damages, was also properly disallowed (see Soho Generation of N.Y. v Tri-City Ins. Brokers, 256 AD2d 229, 231-232 [1998]). Concur—Tom, J.P., Saxe, Williams, Marlow and Sweeny, JJ.