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CENTENO v. CITY OF NEW YORK

40 N.Y.2d 932 (1976)

Sixta Centeno, as Administratrix of The Estate of Abraham Centeno, Deceased, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided November 16, 1976.

Attorney(s) appearing for the Case

Stanley Geen for appellant.

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

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE. Dissent: Judge FUCHSBERG.

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

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...

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