BUSINESS ENTITIES — PARTNERSHIPS
12-2-0710 American Imaging Of Jersey City, Inc. v. Baldonado, M.D., App. Div. (per curiam) (19 pp.) This is the second action arising from the demise of a professional relationship. Defendant Ricardo Baldonado, M.D., a radiologist, was an equal partner with third-party defendant Alan Wasserman in a diagnostic and radiology company, DIA of Jersey City (DIA). He appeals from two orders: one granting summary judgment to plaintiffs and entering judgment against him personally for a judgment against DIA, and the second, which dismissed his complaint against Wasserman for contribution. The appellate panel affirms the entry of summary judgment to plaintiffs and reverses the dismissal of Baldonado's third-party complaint against Wasserman. The allegations plainly pleaded a claim for contribution based upon the joint and several liability of Baldonado and Wasserman as equal partners in DIA. The motion judge based the dismissal of the third-party complaint upon Baldonado's non-compliance with Rule 4:5-1(b)(2), his failure to join Wasserman pursuant to Rule 4:28-1, and the application of both the entire controversy doctrine and laches. However, none of these rules or doctrines provide for the sanction of dismissal simply based upon non-compliance.
