New York Court of Appeals
Medical Malpractice Insurance Association, Respondent v. Mario M. Cuomo, as Governor of the State of New York, Et…
May 2, 198974 N.Y.2d 651
Summary
The New York Court of Appeals reversed the Appellate Division, vacated the preliminary injunction, granted the defendants' motion for summary judgment, and held that sections 11 and 40 of the 1986 Medical Malpractice Reform Act are constitutional. The court reasoned that the legislature may require the Medical Malpractice Insurance Association to operate at a loss and that MMIA has no vested property interest in the statutory reserve fund charges.