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Centeno v. City of New York

Court of Appeals of the State of New York
Nov 16, 1976
358 N.E.2d 520 (N.Y. 1976)

Opinion

Argued October 12, 1976

Decided November 16, 1976

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, THOMAS C. CHIMERA, J.

Stanley Geen for appellant.

W. Bernard Richland, Corporation Counsel (L. Kevin Sheridan of counsel), for respondent.


Order affirmed, without costs, on the Per Curiam opinion at the Appellate Division ( 48 A.D.2d 812).

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following memorandum: I would reverse on the well-written dissenting opinion by Mr. Justice EMILIO NUNEZ at the Appellate Division, emphasizing that the fact that a departure from accepted medical practice occurs in a psychiatric rather than in a nonpsychiatric setting is only an element to be weighed along with all the other circumstances in a particular case and is not the premise for an application of different legal principles.


Summaries of

Centeno v. City of New York

Court of Appeals of the State of New York
Nov 16, 1976
358 N.E.2d 520 (N.Y. 1976)
Case details for

Centeno v. City of New York

Case Details

Full title:SIXTA CENTENO, as Administratrix of the Estate of ABRAHAM CENTENO…

Court:Court of Appeals of the State of New York

Date published: Nov 16, 1976

Citations

358 N.E.2d 520 (N.Y. 1976)
358 N.E.2d 520
389 N.Y.S.2d 837

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