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BERKE v. HAMBY

279 A.D.2d 491 (2001)

719 N.Y.S.2d 280

ANDREW D. BERKE, Appellant, v. ROBERT I. HAMBY et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff was hired by the defendant Robert I. Hamby, M.D., P. C. (hereinafter the P. C.), pursuant to a written employment agreement which expired in 1993. The agreement provided that at the expiration of the plaintiff's term of employment, if the parties "then mutually agree," they "may" enter into a partnership agreement. The plaintiff continued...

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