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COLAVITO v. NEW YORK ORGAN DONOR NETWORK, INC.

Docket No. 05-1305 CV.

438 F.3d 214 (2006)

Robert COLAVITO, Plaintiff-Appellant, v. NEW YORK ORGAN DONOR NETWORK, INC., Rob Kochik, Spencer Hertzel, Good Samaritan Hospital Medical Center, Doe, I and II, M.D. Dr., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: February 23, 2006.

Attorney(s) appearing for the Case

Victor M. Serby (Denise Winter Luparello, of counsel), Woodmere, NY, for Plaintiff-Appellant.

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.

Before: JACOBS, CABRANES, and SACK, Circuit Judges.

SACK, Circuit Judge.

When, in August 2002, Peter Lucia died in a Long Island, New York, hospital of intra-cranial bleeding, his widow decided to donate both of his kidneys to his long-time friend, the plaintiff Robert Colavito, who was suffering from end-stage renal disease. Peter Lucia's left kidney was therefore air-lifted to a hospital in Miami, Florida, where Colavito was waiting for its implantation. Lucia's right kidney remained in New York.

While Colavito...

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