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

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 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.

Case Details

Case Name: Centeno v. City of New York

Court Name: New York Court of Appeals

Date Published: Nov 16, 1976

Citations: 40 N.Y.2d 932; 358 N.E.2d 520; 389 N.Y.S.2d 837; 1976 N.Y. LEXIS 3103

Court Abbreviation: N.Y.