NUNEZ v. NEW YORK ORGAN DONOR NETWORK, INC.

6905, 14097/06.

92 A.D.3d 594 (2012)

939 N.Y.S.2d 368

2012 NY Slip Op 1373

OLGA ROMERO NUNEZ, Respondents-Appellants, v. NEW YORK ORGAN DONOR NETWORK, INC., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided February 23, 2012.


Article 43 of the Public Health Law provides that "[a] person who acts in good faith in accord with the terms of this article or with the anatomical gift laws of another state is not liable for damages in any civil action or subject to prosecution in any criminal proceeding for his act" (§ 4306 [3]). This good faith immunity provision is incorporated into Public Health Law § 4351 (10), which provides that "any person or organization acting pursuant to this section...

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