Delson Communications v. MTI/The Image Group, Inc.

OPINION OF THE COURT

Memorandum.

Order affirmed without costs.

In August of 2001 the parties entered into a contract whereby plaintiff agreed to review, analyze and audit defendant’s telecommunications billing, to serve as a consultant for the purpose of identifying whether defendant had incurred overcharges for its telecommunications services, and to negotiate with defendant’s service providers for “over-billing, refunds, lower rates and/or credit.” In consideration for its services, defendant agreed to pay plaintiff 35% of all overcharges recovered and 35% of any future savings which defendant…