slightly different rule in New York

1990It has been held that an organization, such as the corporation herein, which solicits or screens the services of individuals skilled in professional occupations, agrees to pay them at an established rate and offers their services to clients, or as herein, to patients, exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts], 65 NY2d 622 ; Matter of Doktor Hair [Hartnett], supra; Matter of Affiliate Artists [Roberts], 132 AD2d 805 , lv denied 70 NY2d 611 ).

1989Courts have held that an organization which solicits or screens the services of individuals skilled in professional endeavors, agrees to pay them at an established rate, and then offers their services to clients exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts] 65 NY2d 622 ; Matter of Whyte [Good Care Nursing Agency—Roberts] 132 AD2d 758 , lv denied 70 NY2d 611 ; Matter of Affiliate Artists [Roberts] 132 AD2d 805 , lv denied 70 NY2d 611 ; Matter of Schwartz [Creative Tutoring—Roberts] 91 AD2d 778 ).

1989Courts have held that an organization which solicits or screens the services of individuals skilled in professional endeavors, agrees to pay them at an established rate, and then offers their services to clients exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts] 65 NY2d 622 ; Matter of Whyte [Good Care Nursing Agency—Roberts] 132 AD2d 758 , lv denied 70 NY2d 611 ; Matter of Affiliate Artists [Roberts] 132 AD2d 805 , lv denied 70 NY2d 611 ; Matter of Schwartz [Creative Tutoring—Roberts] 91 AD2d 778 ).

1988It has been held that an organization which solicits or screens the services of individuals skilled in professional endeavors, agrees to pay them at an established rate and then offers their services to clients, exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts], 65 NY2d 622 ; Matter of Whyte [Good Care Nursing Agency —Roberts], 132 AD2d 758 , lv denied 70 NY2d 611 ; Matter of Affiliate Artists [Roberts], 132 AD2d 805 , lv denied 70 NY2d 611 ; Matter of Schwartz [Creative Tutorin g-Rob erts], 91 AD2d 778 ).

1989Courts have held that an organization which solicits or screens the services of individuals skilled in professional endeavors, agrees to pay them at an established rate, and then offers their services to clients exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts] 65 NY2d 622 ; Matter of Whyte [Good Care Nursing Agency—Roberts] 132 AD2d 758 , lv denied 70 NY2d 611 ; Matter of Affiliate Artists [Roberts] 132 AD2d 805 , lv denied 70 NY2d 611 ; Matter of Schwartz [Creative Tutoring—Roberts] 91 AD2d 778 ).

1988It has been held that an organization which solicits or screens the services of individuals skilled in professional endeavors, agrees to pay them at an established rate and then offers their services to clients, exercises sufficient control to create an employment relationship (see, Matter of Gentile Nursing Servs. [Roberts], 65 NY2d 622 ; Matter of Whyte [Good Care Nursing Agency —Roberts], 132 AD2d 758 , lv denied 70 NY2d 611 ; Matter of Affiliate Artists [Roberts], 132 AD2d 805 , lv denied 70 NY2d 611 ; Matter of Schwartz [Creative Tutorin g-Rob erts], 91 AD2d 778 ).

1989However, where professional services are involved, as here, and there is an absence of direct control by the employer, a slightly different rule has evolved (see, Matter of Concourse Ophthalmology Assocs. [Roberts] 60 NY2d 734 ).

1988However, in situations such as the instant one, where professional work is involved and there is generally an absence of direct employer control, a slightly different rule has evolved (see, Matter of Concourse Ophthalmology Assocs. [Roberts], 60 NY2d 734 ).

1998The Statute of Frauds was originally rooted in the prevention of “fraud in the proving of certain legal transactions particularly susceptible to deception, mistake and perjury” (D & N Boening v Kirsch Beverages, supra, 63 NY2d, at 453 ) but not “ ‘to afford persons a means of evading just obligations’ ” (Cohon & Co. v Russell, 23 NY2d 569, 574 , quoting 4 Williston, Contracts § 567A, at 19-20 [3d ed]).

1998The Statute of Frauds was originally rooted in the prevention of “fraud in the proving of certain legal transactions particularly susceptible to deception, mistake and perjury” (D & N Boening v Kirsch Beverages, supra, 63 NY2d, at 453 ) but not “ ‘to afford persons a means of evading just obligations’ ” (Cohon & Co. v Russell, 23 NY2d 569, 574 , quoting 4 Williston, Contracts § 567A, at 19-20 [3d ed]).

1981Recognizing, as did the Goldfarb court, that professional activities may be considered for antitrust purposes under a slightly different standard from that applicable to businesses ( 421 US, at p 792 ), we would not find it necessary to reach or consider whether there might not be certain combinations that, while restraining the free rendering of medical services, would nonetheless be exempt from both Federal and State antitrust law proscription because they were grounded in legitimate professional rather than economic objectives (for instance, enforcement of a requirement that for certificati

1981Comm., 447 US 530, 535 .) Restrictions upon the mode of expression, on the other hand, are subject to a slightly different standard.