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[Download] "Medical Malpractice Insurance Association v. Methodist Hospital Brooklyn" by Supreme Court of New York # Book PDF Kindle ePub Free

Medical Malpractice Insurance Association v. Methodist Hospital Brooklyn

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eBook details

  • Title: Medical Malpractice Insurance Association v. Methodist Hospital Brooklyn
  • Author : Supreme Court of New York
  • Release Date : January 13, 1978
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 77 KB

Description

[64 A.D.2d 558 Page 558] Order of the Supreme Court, New York County, entered March 3, 1978, which granted the motion of defendant for a stay of all proceedings in this action pending the determination of a hearing before the New York State Insurance Department conditioned upon the deposit by defendant of a sum equal to 40% of the amount sought to be recovered against it in an interest bearing regular or time deposit account in its name with the provision that no part of such account shall be touched until final disposition of this action or in substitution therefor the allocation of securities held by defendant to such account, unanimously reversed, on the law and on the facts, the motion for a stay is denied, and the stay heretofore granted vacated, without costs or disbursements. In this action seeking recovery of premiums due for malpractice insurance where plaintiff had moved for summary judgment, it was improper for Special Term to issue the stay described above. CPLR 2201 provides, Except where otherwise prescribed by law, the court * * * may grant a stay of proceedings in a proper case, upon such terms as may be just (emphasis added). Within the framework of the provision otherwise prescribed by law is section 34 of the Insurance Law, which specifies the exclusive method of staying the enforcement of rates established on behalf of plaintiff by the Superintendent of Insurance. That section, in pertinent part, provides: any order, regulation or decision of the superintendent is [64 A.D.2d 558 Page 559]


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