Legal Opinion

Colavito v. New York Organ Donor Network, Inc.

New York Court of Appeals

Decided December 14, 2006PublishedCited by 248 opinions

POINTS OF COUNSEL

1Opinion of the Court

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 questions to us relating to whether he has rights that would support his common-law conversion action or a statutory claim under Public Health Law articles 43 and 43-A.

I

In August 2002 Peter Lucia died at…

2Cases cited22 opinions

  1. Colavito v. New York Organ Donor Network, Inc.Court of Appeals for the Second Circuit · 2006
  2. Johnson v. State of New YorkNew York Court of Appeals · 1975
  3. Patterson v. . PattersonNew York Court of Appeals · 1875
  4. State v. Seventh Regiment Fund, Inc.New York Court of Appeals · 2002
  5. Darcy v. . Presbyterian HospitalNew York Court of Appeals · 1911

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3Cited by248 opinions

  1. Thyroff v. Nationwide Mutual InsuranceNew York Court of Appeals · 2007
  2. Pappas v. TzolisNew York Court of Appeals · 2012
  3. Pure Power Boot Camp, Inc. v. Warrior Fitness Boot Camp, LLCDistrict Court, S.D. New York · 2011
  4. St. John's University, New York v. BoltonDistrict Court, E.D. New York · 2010
  5. Eaves v. Designs for Finance, Inc.District Court, S.D. New York · 2011

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