Albany Medical College, Respondent, v. Richard H. McShane, Appellant, 66 N.Y.2d 982


Summary

On appeal the court affirmed the appellate division's reversal of the trial court's grant of summary judgment dismissing the college's complaint. The court held that the claim that the college could not share in fees generated by physicians who were faculty members was farfetched at best, because the college had a corporate charter empowering it to promote medical science and instruction, and its treatment of patients did not constitute an illegal corporate practice of medicine or illegal fee splitting. Additionally, the court held that the financial and patient records generated were clearly the property of the college, subject to the doctor's right to obtain copies.