New York Court of Appeals

Patricia Colavito, as Personal Representative for Robert Colavito, Deceased, Appellant v. New York Organ Donor…

December 14, 20068 N.Y.3d 43

Summary

The Court answered the certified questions, holding that the plaintiff, as a specified donee of an incompatible kidney, has no common‑law property right in the organ and no private right of action under New York Public Health Law; consequently the district court's summary judgment in favor of the defendants is affirmed.