Sailsman Graphics Company v Verizon Yellow Pages Company

Sailsman Graphics Co. v Verizon Yellow Pages Co. 2004 NY Slip Op 02308 [5 AD3d 317] March 30, 2004 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 26, 2004

Sailsman Graphics Company, Inc., et al., Appellants,
v
Verizon Yellow Pages Company et al., Respondents.

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Order, Supreme Court, New York County (Helen Freedman, J.), entered April 25, 2003, which granted defendants' motion to dismiss the complaint, unanimously affirmed, with costs.

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 NY2d 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 language governs the dispute (Clark-Fitzpatrick, Inc. v Long Is. R.R. Co., 70 NY2d 382 [1987]). Finally, there is nothing inequitable about defendants retaining advertising fees resulting from an agreement that plaintiffs had freely entered into. Concur—Buckley, P.J., Mazzarelli, Sullivan, Friedman and Gonzalez, JJ.