Affirm the district court grant of summary judgment

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Reference no: EM133672081

Question

We therefore affirm the district court's grant of summary judgment to the defendants with respect to the plaintiff's fraud claim. We reserve decision on the remaining issues before us on appeal, and hereby respectfully certify to the New *233 York Court of Appeals the following questions:

1. Do the applicable provisions of the New York Public Health Law vest the intended recipient of a directed organ donation with rights that can be vindicated in a private party's lawsuit sounding in the common law tort of conversion or through a private right of action inferred from the New York Public Health Law?

2. Does New York Public Health Law immunize either negligent or grossly negligent misconduct?

3. If a donee can bring a private action to enforce the rights referred to in question 1, may the plaintiff recover nominal or punitive damages without demonstrating pecuniary loss or other actual injury?

Reference no: EM133672081

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