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PEOPLE v. ROTH

52 N.Y.2d 440 (1981)

The People of the State of New York, Appellant, v. Samuel J. Roth et al., Respondents.

Court of Appeals of the State of New York.

Decided April 2, 1981.

Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Bonnie G. Wittner and Shirley Adelson Siegel of counsel), for appellant.

James M. O'Brien and Kevin J. Murtagh for Frank Oliveto, respondent.

John J. Tigue, Jr., Elliot Silverman, John L. Kase, James O. Drucker and Paula Schwartz Frome for Seth Kaufman, respondent.

Harvey Paticoff for Joel Karen, respondent.

Irving Anolik for Samuel J. Roth and others, respondents.

Jeffrey Weingard and Roy Broudny for S. Peter Ravitz and another, respondents.

Taylor R. Briggs and Thomas G. Rohback for the Medical Society of the State of New York, amicus curiae.

Chief Judge COOKE and Judges JASEN, GABRIELLI and WACHTLER concur in Per Curiam opinion; Judge JONES concurs in a separate opinion in which Judge FUCHSBERG concurs; Judge MEYER taking no part.

PER CURIAM.

Defendants, all of whom are licensed physicians, were indicted under the Donnelly Act, which prohibits "combination[s] whereby * * * [c]ompetition or the free exercise of any activity in the conduct of any business, trade or commerce or in the furnishing of any service * * * is or may be restrained" (General Business Law, § 340). Specifically, it was alleged that...

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