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RIVERA v. NEW YORK CITY HEALTH & HOSPS. CORP.

72 N.Y.2d 1021 (1988)

Manuel H. Rivera, Respondent, v. New York City Health and Hospitals Corporation, Appellant, and New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided October 25, 1988.

Attorney(s) appearing for the Case

Peter L. Zimroth, Corporation Counsel (Michael S. Adler and Francis F. Caputo of counsel), for appellant.

Ignatius John Melito for Manuel H. Rivera, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and a new trial granted.

Plaintiff, a psychiatric patient with suicidal tendencies, was severely injured when he jumped in front of a subway train. On this appeal, plaintiff argues that defendant, New York City Health and Hospitals Corporation (HHC), which was treating plaintiff for his mental illness, was negligent in failing to record...

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