Legal Opinion

Medical Malpractice Insurance v. Cuomo

Appellate Division of the Supreme Court of the State of New York

Decided June 30, 1988PublishedCited by 7 opinions

1Opinion of the Court

OPINION OF THE COURT

Sullivan, J. P.

At issue in this action challenging their constitutionality is the propriety of preliminarily enjoining the implementation and enforcement of certain provisions of Laws of 1986 (ch 266, § 11), the Medical Malpractice Reform Act of 1986, requiring Medical Malpractice Insurance Association (MMIA) to refund stabilization reserve fund charges which it had collected on excess policies and applied as authorized by statute to offset deficits. Since we believe that MMIA is ultimately likely to succeed on the merits, that it would be irreparably harmed if such relief…

2Cases cited14 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  3. Keystone Bituminous Coal Assn. v. DeBenedictisSupreme Court of the United States · 1987
  4. Webb's Fabulous Pharmacies, Inc. v. BeckwithSupreme Court of the United States · 1980
  5. Brooks-Scanlon Co. v. Railroad Comm'n of La.Supreme Court of the United States · 1920

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3Cited by7 opinions

  1. Medical Malpractice Insurance Ass'n v. Superintendent of InsuranceNew York Court of Appeals · 1988
  2. McCall v. StateAppellate Division of the Supreme Court of the State of New York · 1995
  3. Forti v. New York State Ethics CommissionNew York Supreme Court · 1989
  4. Phillips v. Town of Clifton Park Water AuthorityAppellate Division of the Supreme Court of the State of New York · 1997
  5. Royal Service, L. L. C. v. Village of Monticello, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

2 more not listed; retrieve them via the Exa API.

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