Hernandez v. Schenectady Non Invasive Vascular Diagnostics, P. C.

—Mikoll, J.

Cross appeals from an order of the Supreme Court (Caruso, J.), entered September 28, 1998 in Schenectady County, which partially granted plaintiffs motion for partial summary judgment.

Prior to his retirement, plaintiff practiced medicine with defendants Robert M. Blumberg and Michael L. Gelfand as defendant Schenectady Non Invasive Vascular Diagnostics, P. C. (hereinafter Schenectady Vascular), of which each physician owned a one-third interest. In December 1992, in contemplation of plaintiffs impending retirement, the parties executed a series of contracts including the deferred…