Gelder Medical Group v. Webber N.Y. Ct. Of App.,

363 N.E. 2d 573, 394 N.Y.S.2d 867 (1977)

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Nature of the Case

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Facts

Gelder (P) was formed as a partnership in 1956. Webber (D) joined the partnership in the early 1970s. The agreement required the consent of Gelder to practice within 30 miles for 5 years as a physician/surgeon after leaving the partnership. Webber was classified as too blunt and an idealist and perfectionist. The other partners voted to oust him from the partnership. Two months later, Webber started his own practice in town.