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COLAVITO v. NEW YORK ORGAN DONOR NETWORK, INC.

Docket No. 05-1305-cv.

486 F.3d 78 (2007)

Patricia COLAVITO, as personal representative of Robert Colavito, Deceased, 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.

Question Certified February 23, 2006.

Decided: May 21, 2007.

Attorney(s) appearing for the Case

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

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, Chief Judge, JOSÉ A. CABRANES, and SACK, Circuit Judges.

Question Certified to the New York Court of Appeals: February 23, 2006.

SACK, Circuit Judge.

The plaintiff's decedent, Robert Colavito ("Colavito"), suffering from grave kidney disease, was the intended recipient of two kidneys from the body of his late close friend, Peter Lucia. The New York Organ Donor Network ("NYODN") sent one of Lucia's kidneys to Florida, where Colavito resided. But contrary to the wishes of...

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