MED. MALPRACTICE INS. ASS'N v. CUOMO


74 N.Y.2d 651 (1989)

Medical Malpractice Insurance Association, Respondent, v. Mario M. Cuomo, as Governor of the State of New York, et al., Appellants.

Court of Appeals of the State of New York.

Decided May 2, 1989.


Attorney(s) appearing for the Case

Robert Abrams, Attorney-General (Kathie Ann Whipple, O. Peter Sherwood and Richard G. Liskov of counsel), for appellants.

T. Richard Kennedy, Larry P. Schiffer, Michael A. Knoerzer, Paul D. Getzels and Richard J. Cairns for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, the preliminary injunction vacated, defendants' motion for summary judgment granted, and sections 11 and 40 of chapter 266 of the Laws of 1986 declared constitutional. The certified question should be answered in the negative.

We have recently determined that the Legislature may require the Medical...

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