United States Second Circuit

In case raising issue of whether the intended recipient of an organ donation can bring a private cause of action for common law conversion or under the New York Public Health Law if he does not receive the organ, summary judgment for defendants is affirmed as plaintiff had no cause of action under either the New York common law of conversion or the New York Public Health Law where plaintiff could not have derived a medical benefit from the organ and did not need it.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

• SACK, Circuit Judge., Before:  JACOBS, Chief Judge, CABRANES, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Denise Winter Luparello, Hicksville, NY, for Plaintiff-Appellant Patricia Colavito, as personal representative of Robert Colavito, Deceased.


• For Appellees:
  
• Richard E. Lerner, Wilson, Elser, Moskowitz, Edelman & Dicker P.C., New York, NY, for Defendants-Appellees New York Organ Donor Network, Inc., Robert Kochik, and Spencer Hertzel.