Becker v. State

Mikoll, J. (dissenting).

I respectfully dissent.

Downstate Medical Center (Downstate) employed physicians to serve as faculty members on a part-time basis and permitted them to practice independently when not teaching. Claimant sued the State University of New York (SUNY) for services rendered in 1974 pursuant to a contract entered into in 1969 between SUNY on behalf of Downstate and the Downstate Medical Group (Group) which was a partnership consisting of members of the departments of pathology, radiology, rehabilitation and medicine. The Group had operated under this contract, which was…