Appellate Division of the Supreme Court of the State of New York November 15, 1995 (Smith v. Hurley)

—Order affirmed without costs. Memorandum: Plaintiff is a podiatrist who began practicing in Dansville, New York in 1985. On January 1,1990, he and defendant, also a podiatrist, entered into an agreement under which defendant would practice in plaintiff’s Dansville office and, in return, would pay plaintiff 50% of all gross fees received.