PATRICIA COLAVITO, as Personal Representative for ROBERT COLAVITO, Deceased, Appellant,
v.
NEW YORK ORGAN DONOR NETWORK, INC., et al., Respondents.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued November 14, 2006.
Decided December 14, 2006.
Attorney(s) appearing for the Case
Denise Winter Luparello, Hicksville, and Victor M. Serby, Woodmere, for appellant.
Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York City (Richard E. Lerner and Robin N. Gregory of counsel), for respondents.
Eliot Spitzer, Attorney General, Albany (Caitlin J. Halligan, Daniel Smirlock and Owen Demuth of counsel), for State of New York Department of Health, amicus curiae.
Alexandra K. Glazier, Newton, Massachusetts, admitted pro hac vice, Taylor, Duane, Barton and Gilman LLP, Boston, Massachusetts (Pamela S. Gilman and Andrew R. Weiner, admitted pro hac vice, of counsel), and John D. Persons, III, Richmond, Virginia, admitted pro hac vice, for American Association of Tissue Banks and others, amici curiae.
O'Connell and Aronowitz, P.C., Albany (Cornelius D. Murray of counsel), for New York Alliance for Donation, Inc., amicus curiae.
Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH and PIGOTT concur.
Court of Appeals of the State of New York.
OPINION OF THE COURT
ROSENBLATT, J.
The case before us involves the purported gift of a kidney to plaintiff.* He asserts that as the specified donee of the organ, he acquired a property right in it, giving rise to claims against defendants for delivering it to someone else. Plaintiff brought suit in federal court, and the United States Court of Appeals for the Second Circuit has certified...
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