Hyperlawhypertext legal databasebeta Centeno v. City of New York 40 N.Y.2d 932

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Centeno v. City of New York

40 N.Y.2d 932 Court N.Y. Decision date 1976-11-16 English

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p. 932
Sixta Centeno, as Administratrix of the Estate of Abraham Centeno, Deceased, Appellant, v City of New York, Respondent.
Argued October 12, 1976;
decided November 16, 1976
Stanley Geen for appellant.
W Bernard RichlandCorporation Counsel (L. Kevin Sheridan of counsel), for respondent.

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

p. 933
verse 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.

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