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SAILSMAN GRAPHICS COMPANY, INC. v. VERIZON YELLOW PAGES COMPANY

5 A.D.3d 317 (2004)

773 N.Y.S.2d 559

SAILSMAN GRAPHICS COMPANY, INC., et al., Appellants, v. VERIZON YELLOW PAGES COMPANY et al., Respondents.

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

March 30, 2004.

In this class action to recover overcharges, the terms of the agreements were not ambiguous. Reasonably interpreted (see Uribe v Merchants Bank of N.Y., 91 N.Y.2d 336, 341 [1998]), those terms sustain defendants' position that the issue period of the directories could be extended for up to six months, either before or after the date of publication. Furthermore, the claim for unjust enrichment is not supportable where the contract...

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