ELEVATOR CO INC v. The Union Labor Life Insurance Company, et al., Defendants. (2004)

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 N.Y.2d 554, 566, 673 N.Y.S.2d 350, 696 N.E.2d 174 [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 N.Y.2d 157, 162-163, 565 N.Y.S.2d 440, 566 N.E.2d 639 [1990] ).   Hearsay testimony of defendant's lessee, offered for the purpose of proving defendant's damages, was also properly disallowed (see Soho Generation of N.Y. v. Tri-City Ins. Brokers, 256 A.D.2d 229, 231-232, 683 N.Y.S.2d 31 [1998] ).