Winters v. New York City Health & Hospitals Corp.

Order, Supreme Court, New York County (Salvador Collazo, J.), entered September 14, 1994, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

The IAS Court properly determined that issues of fact exist as to whether defendant hospital’s decision to release the psychiatric patient who later killed plaintiffs decedent was based on professional medical judgment for which it cannot be liable for negligence (see, Haynesworth v New York City Health & Hosps. Corp., 195 AD2d 424, lv denied 82 NY2d 661). Given that a resident psychiatrist…