SMITH v. HURLEY


221 A.D.2d 981 (1995)

634 N.Y.S.2d 334

Henry M. Smith, Respondent, v. John P. Hurley, Appellant

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

November 15, 1995


Order affirmed without costs.

Memorandum:

Plaintiff is a podiatrist who began practicing in Dansville, New York in 1985. On January 1, 1990, he and defendant, also a podiatrist, entered into an agreement under which defendant would practice in plaintiff's Dansville office and, in return, would pay plaintiff 50% of all gross fees received. The agreement provided that either party could terminate the association upon 30 days written notice and contained a covenant...

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