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Yellow Book of New York LP v. Platt

Directory publisher's sales contract is found to be ambiguous.

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Judge Gartne

YELLOW BOOK OF NEW YORK, LP v. PLATT — The Appellate Term, Second Department, has held that a form contract drafted by Yellow Book, a publisher of classified telephone directories, is so unambiguous as to be susceptible of a single meaning, and therefore enforceable for the purpose of imposing personal liability on the small business people who sign the forms on behalf of the businesses which purchase Yellow Book’s services. The form at issue on an ongoing basis occasions one of the greatest sources of civil litigation in the Nassau County District Court. The form had previously been viewed over a ten year period by at least two Justices of the Nassau County Supreme Court and three Judges of the Nassau County District Court as ambiguous and thus (1) unenforceable for the purpose of imposing personal liability, and/or (2) permitting the introduction of extrinsic evidence regarding communications between the customer and the Yellow Book salespeople involved in the individual transaction.

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