Psychoanalytic Center, Inc. v. Burns

Psychoanalytic Center, Inc. v. Robert A. Burns

Psychoanalytic Ctr., Inc. v. Burns, 62 A.D.2d 963 (1978)

Court: Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided: April 24, 1978
Citations: 62 A.D.2d 963404 N.Y.S.2d 1061978 N.Y. App. Div. LEXIS 10993

Cited by 4 1 descriptions by later courts

Opinion of the Court

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Judgment of the Supreme Court, New York County, entered April 29, 1977, which confirmed an arbitration award in favor of petitioner-respondent (Psychoanalytic Center, Inc.), unanimously reversed, on the law, with $60 costs and disbursements of this appeal to appellant, and the motion for confirmation is denied and the award vacated. In this dispute an award was rendered in favor of respondent for fees collected by appellant, a licensed psychologist, from patients referred to him by respondent. The effect of the award was to validate "splitting of fees”, conduct which is prohibited by law (Education Law, § 6509, subd [9]; Commissioner of Education Regulation, former 8 NYCRR 72.2 [a] [4]). Although a mistake by an arbitrator in regard to the law or facts is not a ground for vacatur, that rule is inapplicable when the ruling contravenes established public policy. (Garrity v Lyle Stuart, Inc., 40 NY2d 354, 356-357 ; see, also, Matter of Western *964 Union Tel. Co. [Amer. Communications Assn.], 299 NY 177, 185-187 , and Matter of Associated Teachers of Huntington v Board of Educ., 33 NY2d 229, 235-236 ; cf. Binghamton Civ. Serv. Forum v City of Binghamton, 44 NY2d 23 .) The prohibition on fee splitting is founded on the policy of encouraging professional responsibility and ensuring undivided attention to patients. (See Matter of Associated Gen. Contrs., N. Y. State Ch. [Savin Bros.], 36 NY2d 957, 958 .) Concur—Birns, J. P., Evans, Lane and Sandler, JJ.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

(confirmation of an arbitration award validating the splitting of fees with a psychologist violated the law and was vacated)

Inlandboatmen's Union v. Sause Bros., 881 P.2d 1255 (Haw. App. 1994)

Cited by 4 cases

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Relies on it most ⓘ

Inlandboatmen's Union v. Sause Bros., Inc.881 P.2d 1255 (Haw. App. 1994)
In re the Arbitration between Sprinzen & Nomberg63 A.D.2d 939 (1978)
In re the Arbitration between Neirs-Folkes & Drake Insurance75 A.D.2d 787 (1980)
Crosson v. New York State Supreme Court Officers Ass'n157 Misc. 2d 390 (N.Y. Sup. Ct. 1993)

Most recent

Inlandboatmen's Union v. Sause Bros., Inc.881 P.2d 1255 (Haw. App. 1994)
Crosson v. New York State Supreme Court Officers Ass'n157 Misc. 2d 390 (N.Y. Sup. Ct. 1993)
In re the Arbitration between Neirs-Folkes & Drake Insurance75 A.D.2d 787 (1980)
In re the Arbitration between Sprinzen & Nomberg63 A.D.2d 939 (1978)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 4

Depth	Case	Cited by
	Garrity v. Lyle Stuart, Inc., 353 N.E.2d 793 (N.Y. 1976)	293
	In re the Arbitration Between Western Union Tel. Co. & Am. Commc'ns Ass'n, 86 N.E.2d 162 (N.Y. 1949)	102
	Associated Teachers of Huntington, Inc. v. Bd. of Educ., 306 N.E.2d 791 (N.Y. 1973)	87
	In re the Arbitration between Associated Gen. Contractors & Savin Bros., 335 N.E.2d 859 (N.Y. 1975)	14

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