Court of Appeals of New York

The Appellate Division's grant of summary judgment to defendants in a breach of contract action, in which plaintiffs allege that by increasing their co-pays, defendants violated the terms of the collective bargaining agreements in effect when plaintiffs retired, is reversed and remanded, where: 1) the contracts establish a vested right to a continuation of the same health coverage under which plaintiffs retired, until they reach age 70; 2) the Insurance Moratorium Law does not provide a basis for abrogating retirees' vested contractual rights; and 3) issues of fact remain as to the intended scope of plaintiffs' right, so remittal for further factual development is required to determine whether the challenged increases in co-pays for prescription drugs amount to a breach of contract.

Appellate Information

• Decided 12/12/2013
• Published 12/12/2013

Judges

• LIPPMAN

Court

• Court of Appeals of New York

Counsel