It was kidney failure.
A Nassau County court official yesterday tossed a Long Island surgeon’s demand that his estranged wife return the organ he donated to her or fork over the $1.5 million he thinks it’s worth.
Dr. Richard Batista had sought to classify the kidney as a marital asset during a bitter divorce battle with his spouse, Dawnell Batista.
But in a 10-page decision, matrimonial referee Jeffrey Grob ruled that the kidney was a gift and suggested that the doctor may have committed a crime in trying to get money for a bodily organ.
“The defendant’s effort to pursue and extract monetary compensation therefore not only runs afoul of the statutory prescription, but conceivably may expose the defendant to criminal prosecution,” Grob said.
“We are pleased with the decision,” said the wife’s attorney, Douglas Rothkopf. “Human organs are not commodities that can be bought or sold.”
A statement from the office of Dominic Barbara, the doctor’s attorney, claimed victory because the decision allowed the sacrifice of organ donation to be taken into account when divvying up their assets.