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A.C.E. ELEVATOR CO., INC. v. 180 MONTAGUE STREET, LLC

11 A.D.3d 294 (2004)

782 N.Y.S.2d 716

A.C.E. ELEVATOR CO., INC., Respondent, v. 180 MONTAGUE STREET, LLC, Appellant, et al., Defendants.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 14, 2004.

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 [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 [1990]). Hearsay testimony of defendant's...

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