ALBANY MED. COLL. v. McSHANE


104 A.D.2d 119 (1984)

Albany Medical College, Appellant, v. Richard H. McShane, Respondent

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

November 29, 1984


Attorney(s) appearing for the Case

Bond, Schoeneck & King (John A. Beach, Ronald C. Berger and Joseph P. Van De Loo of counsel), for appellant.

O'Connell & Aronowitz, P. C. (Cornelius D. Murray and Leonard R. Kershaw of counsel), for respondent.

Cahill Gordon & Reindel (Floyd Abrams and Andrew Dash of counsel), for Associated Medical Schools of New York and another, amici curiae.

MAIN, J. P., MIKOLL, YESAWICH, JR., and HARVEY, JJ., concur.


WEISS, J.

This case raises the questions of whether a State-chartered medical school may share in the fees from patient care generated by physicians who are faculty members, and whether the medical and financial records pertaining to such patients belong to the school. We think the answer to both questions is yes and, accordingly, reverse the order and judgment of Special Term which granted defendant's motion...

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