ALBANY MED. COLL. v. McSHANE


66 N.Y.2d 982 (1985)

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

Court of Appeals of the State of New York.

Decided December 17, 1985.


Attorney(s) appearing for the Case

Cornelius D. Murray, Leonard R. Kershaw and Salvatore D. Ferlazzo for appellant.

John A. Beach, Ronald C. Berger and Joseph P. Van De Loo for respondent.

Floyd Abrams and Andrew Dash for Associated Medical Schools of New York and another, amici curiae.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs, and the certified question answered in the negative.

Defendant was employed by plaintiff, a State-chartered medical college, as a teacher, researcher, and supervisor of its patient care program in its division of plastic surgery. After defendant disassociated himself from the college and began his own private plastic surgery practice,...

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