MINEOLA, N.Y. – A court has rejected a New York surgeon's claim that he should get $1.5 million in his divorce settlement because he donated a kidney to his wife.
Dr. Richard Batista has said he's entitled to the kidney compensation because Dawnell Batista was denying him visits with their three children.
In a ruling Tuesday, matrimonial referee Jeffrey Grob said the kidney was a gift. It was donated in 2001, during happier times in the marriage.
Grob said a wide range of items are considered marital property — but donated organs would not be among them.
The doctor's attorney, Dominic Barbara, said he considers the ruling a victory for his client because the donation will be considered as a factor in the overall distribution of marital assets.
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