Legal Opinion

Albany Medical College v. McShane

Appellate Division of the Supreme Court of the State of New York

Decided November 29, 1984PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

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 for summary judgment dismissing the complaint.

In this lawsuit, plaintiff is suing defendant, who had been employed for 6V2 years commencing in 1977 to teach, research…

2Cases cited12 opinions

  1. Granada Buildings, Inc. v. City of KingstonNew York Court of Appeals · 1982
  2. People v. John H. Woodbury Dermatological InstituteNew York Court of Appeals · 1908
  3. United Calendar Manufacturing Corp. v. HuangAppellate Division of the Supreme Court of the State of New York · 1983
  4. Gause v. . Commonwealth Trust Co.New York Court of Appeals · 1909
  5. Douglass v. Merchants' InsuranceNew York Court of Appeals · 1890

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3Cited by5 opinions

  1. St. Francis Regional Medical Center, Inc. v. WeissSupreme Court of Kansas · 1994
  2. Frontier Insurance v. StateNew York Court of Claims · 1989
  3. Albany Medical College v. McShaneAppellate Division of the Supreme Court of the State of New York · 1986
  4. Medicare Beneficiaries Defense Fund v. Memorial Sloan-Kettering Cancer CenterNew York Supreme Court · 1993
  5. Odrich v. Trustees of Columbia UniversityAppellate Division of the Supreme Court of the State of New York · 2003

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