As predicted, the New York State Supreme Court has ruled that Dr. Richard Batista, 49, the surgeon who donated a kidney to his wife, Dawnell Bastista, 44, can’t get his kidney back.  As for his claim of damages in the amount of $1.5 million, the court said it was not legal to put a monetary value on a human organ.

“This is a significant decision that clearly finds that human organs are not commodities that can be divided as property in a divorce,” said the wife’s attorney, Douglas Rothkopf.

However the Court did say that Batista’s “sacrifices, magnanimity and devotion” can be taken into account in the case.

Putting a creative spin on the denial of his motion, the husband’s lawyer, Dominic Barbara called the decision a “complete victory” for his client.

Source: Ann Givens at Newsday.Com