Rosenberg v. Gerald M. Paul etc. CA2/2
Two orthopedists had a contract to share office space and staff, and to split those expenses. After one of the orthopedists died unexpectedly, his widow and adult son continued using the office space and staff for several months to wind down his practice but after a month refused to pay their share of the expenses. To recover that unpaid share, the surviving doctor demanded arbitration against the deceased orthopedist’s professional corporation, against his successors in interest, and against the personal representative of his estate. An arbitrator found that the nonpayment of expenses breached the office space and staff sharing contract; ruled that the widow and son—as successors in interest to the deceased orthopedist and/or representatives of his estate—were liable for that breach (along with the professional corporation); and imposed a constructive trust on any funds from the professional corporation’s or the deceased orthopedist’s assets. The trial court confirme
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