Court of Appeals of New York
Colavito v. New York Organ Donor Network, 106
In case where plaintiff claims he is the specified donee of a kidney, that he acquired a property right in it, and giving rise to claims against defendants for delivering it to someone else, questions certified by the U.S. Court of Appeals for the Second Circuit are answered as follows: plaintiff, as a specified donee of an incompatible kidney, has no common law right to the organ, his cause of action for conversion must fail, and as the kidneys were medically incompatible with him, he has no private right of action under the New York Public Health Law.
Appellate Information
- Decided 12/14/2006
- Published 12/14/2006
Judges
Court
- Court of Appeals of New York