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COLAVITO v. NEW YORK ORGAN DONOR NETWORK, INC.

No. 03-CV-4187(DLI).

356 F.Supp.2d 237 (2005)

Robert COLAVITO, Plaintiff, v. NEW YORK ORGAN DONOR NETWORK, INC., Robert Kochik, Spencer Hertzel, Dr. Doe I, M.D., and Dr. Doe II, M.D., Defendants.

United States District Court, E.D. New York.

February 15, 2005.

Attorney(s) appearing for the Case

Victor M. Serby, Victor M. Serby, Esq., Woodmere, NY, for Plaintiff.

Richard E. Lerner, Robin Nemia, Wilson, Elser, Moskowitz, Edleman & Dicker, LLP, Peter R. Bower, Bower, Sanger & Lawrence, P.C., New York City, for Defendants.

OPINION AND ORDER

IRIZARRY, District Judge.

This lawsuit raises certain legal issues of first impression. It arises out of an organ donation made by Debra Lucia to plaintiff Robert Colavito upon the death of her husband, Peter Lucia. Based on the alleged misdirection of one of the kidneys intended for him, plaintiff seeks damages against the New York Organ Donor Network ("NYODN"), its Director of Clinical Operation, Robert Kochik, and Spencer Hertzel...

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