Ratner v. Drucker

In Ratner v. Drucker, 79 Misc2d 216 (Civ Ct NY Co. 1974), the Court held that the statutory definition of a consumer credit transaction does not apply to "the medical profession and related arts, who traditionally do not extend credit as such to patients as a business or medical practice" since the fact "that a physician might permit payment, or even time payments, after rendition of his total bill for services performed, for the convenience of his patients, instead of demanding cash payment immediately, cannot serve to transform an original cash basis transaction into one denominated as a 'consumer credit transaction' " (Ratner, supra at 218). The Court in reaching its decision points out that a different conclusion could result in those situations where a special written agreement was entered into between the professional and the patient where credit might be specifically extended to the patient for a particular purpose (Ratner, supra).