A federal appeals court has asked the New York Court of Appeals to resolve thorny questions over whether a potential organ donee has property rights in an organ that was never delivered.

A divided 2nd U.S. Circuit Court of Appeals said Thursday it had certified questions for New York’s highest court on a ruling by Eastern District of New York Judge Dora L. Irizarry, who found that the claims of plaintiff Robert Colavito were barred by common-law public policy against recognizing property rights in human corpses.

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