Centeno v. City of New York

New York Court of Appeals November 16, 1976

Centeno v. City of New York, 40 N.Y.2d 932 (N.Y. 1976)

358 N.E.2d 520; 389 N.Y.S.2d 837; 1976 N.Y. LEXIS 3103

Opinion of the Court

Order affirmed, without costs, on the Per Curiam opinion at the Appellate Division (48 AD2d 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 re*933verse 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.

Reference

Full Case Name: Sixta Centeno, as Administratrix of the Estate of Abraham Centeno v. City of New York
Cited By: 26 cases
Status: Published