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8 New York opinions name it 3 courts 2001–2015 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Chase Scientific Research, Inc. v. Nia Group, Inc.green2 sentences2015The definition of “professional” advocated by defendant (see People v Stein, 63 AD3d at 102 ; see also People v Carlton, 78 AD3d at 1656 [Martoche and Centra, JJ., dissenting]) is based on a formulation by the Court of Appeals in Chase Scientific Research v NIA Group ( 96 NY2d 20, 29 [2001]), which defined the term as a person with “extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards.” However, that defini 2014Since “malpractice is professional misfeasance toward one’s client” (Chase Scientific Research v NIA Group, 96 NY2d 20, 24 [2001]), whether a person is a professional is determined by reference to qualities that “include extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards,” as well as a relationship “of trust and confidence, carrying with it a duty to counsel and advise clients” (id. at 29). | 6 | 7 |
People v. Carltongreen1 sentence2015The definition of “professional” advocated by defendant (see People v Stein, 63 AD3d at 102 ; see also People v Carlton, 78 AD3d at 1656 [Martoche and Centra, JJ., dissenting]) is based on a formulation by the Court of Appeals in Chase Scientific Research v NIA Group ( 96 NY2d 20, 29 [2001]), which defined the term as a person with “extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards.” However, that defini | 1 | 1 |
BDO Seidman v. Hirshberggreen1 sentence2001The qualities shared by such groups guide us in defining the term “professional.” In particular, those qualities include extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards (see, Matter of Freeman, 34 NY2d 1, 7-8 ; see also, BDO Seidman v Hirshberg, 93 NY2d 382, 389-390 ; Port Auth. v Evergreen Intl. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Stein
green
1 sentence2015The definition of “professional” advocated by defendant (see People v Stein, 63 AD3d at 102 ; see also People v Carlton, 78 AD3d at 1656 [Martoche and Centra, JJ., dissenting]) is based on a formulation by the Court of Appeals in Chase Scientific Research v NIA Group ( 96 NY2d 20, 29 [2001]), which defined the term as a person with “extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards.” However, that defini | 1 | 2015–2015 |
In re Accounting of Lincoln Rochester Trust Co.
green
1 sentence2001The qualities shared by such groups guide us in defining the term “professional.” In particular, those qualities include extensive formal learning and training, licensure and regulation indicating a qualification to practice, a code of conduct imposing standards beyond those accepted in the marketplace and a system of discipline for violation of those standards (see, Matter of Freeman, 34 NY2d 1, 7-8 ; see also, BDO Seidman v Hirshberg, 93 NY2d 382, 389-390 ; Port Auth. v Evergreen Intl. | 1 | 2001–2001 |
Port Authority v. Evergreen International Aviation, Inc.
green
1 sentence2001Aviation, 179 Misc 2d 674 ). | 1 | 2001–2001 |