Caradonna v. Cunningham, Sponzo & Arseneau

Appeal from an order of the Supreme Court at Special Term (Cholakis, J.), entered February 4, 1985 in Albany County, which denied plaintiff’s motion for summary judgment in lieu of a complaint.

In February 1980, plaintiff joined with two other physicians in forming defendant, a professional corporation for the practice of medicine in the speciality of oncology. A stock redemption agreement was entered into requiring defendant to make certain payments to a withdrawing shareholder. In October 1980, the same three physicians entered into a partnership for the purpose of acquiring office and…