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HOSP. ASSN. v. AXELROD

113 A.D.2d 9 (1985)

Hospital Association of New York State et al., Appellants, v. David Axelrod, as Commissioner of Health of The State of New York, et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1985

Attorney(s) appearing for the Case

Segal & Sherrin (Jeffrey J. Sherrin of counsel), and Proskauer, Rose, Goetz & Mendelsohn (Larry M. Lavinsky of counsel), for appellants.

Robert Abrams, Attorney-General (Betsy Broder, Robert Hermann and Peter H. Schiff of counsel), for respondents.

KANE, J. P., YESAWICH, JR., and HARVEY, JJ., concur with LEVINE, J.; WEISS, J., concurs in a separate opinion.

LEVINE, J.

In the spring and early summer of 1985, New York's medical community engaged in a strenuous public campaign for substantive and procedural reform of the State's medical malpractice liability system. In several parts of the State, the protests were so intense that physicians engaged in slow-downs and refusals to provide other than emergency services. Among the concerns particularly expressed were the...

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