People v. Allied Med. Clearing House

3 Citing cases

  1. People v. Record Club of America, Inc.

    51 A.D.2d 709 (N.Y. App. Div. 1976)   Cited 2 times

    Since there are no material factual issues remaining to be determined other than an assessment of the amount of the penalty to be imposed, summary judgment is appropriate (CPLR 3212, subd [b]; Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395, 404). The fact that we are here dealing with the Attorney-General and a civil penalty to be imposed pursuant to section 350-c Gen. Bus. of the General Business Law does not alter the right of the Attorney-General to obtain summary judgment (People v Volkswagen of Amer., 47 A.D.2d 868; cf. People v Allied Med. Clearing House, 55 Misc.2d 489, affd 29 A.D.2d 919, mot for lv to app den 21 N.Y.2d 645). At the penalty hearing, the proof adduced need only show the number of violations.

  2. State of N.Y. v. Abortion Information

    37 A.D.2d 142 (N.Y. App. Div. 1971)   Cited 13 times

    While there is no public policy against referrals as such, there may well be when the referral procedure attains such dimensions that it enables the referrer to dictate to the practitioners and institutions to which it makes those referrals. When domination of professional activity is attained, public policy is contravened ( People v. Allied Med. Clearing House, 55 Misc.2d 489, affd. 29 A.D.2d 919). That dominance could be reached by controlling or substantially affecting the number and kind of patients admitted to a hospital. Whether the defendant is in that position with regard to any hospital or doctor is a factual question which would require a trial.

  3. State v. Abortion Information Agency, Inc.

    69 Misc. 2d 825 (N.Y. Sup. Ct. 1971)   Cited 10 times

    All billing is sent to the corporate defendant. In an analogous situation the courts have upheld the right of the Attorney-General to secure injunctive relief and the appointment of a receiver (see People v. Allied Medical Clearing House, 55 Misc.2d 489, affd. 29 A.D.2d 919, mot. for lv. to app. den. 21 N.Y.2d 645). It should also be noted that the pattern of such activities also exceeds the corporate powers set forth in A.I.A.'s certificate of incorporation.