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CHANKO v. AMERICAN COS. INC.

No. 44.

27 N.Y.3d 46 (2016)

49 N.E.3d 1171

29 N.Y.S.3d 879

2016 NY Slip Op 02478

ANITA CHANKO, Individually and as Executor of MARK S. CHANKO, Deceased, et al., Appellants, v. AMERICAN BROADCASTING COMPANIES, INC., et al., Respondents, et al., Defendants.

Court of Appeals of New York.

Decided March 31, 2016.

Attorney(s) appearing for the Case

Norman A. Olch , New York City, and Law Offices of Mark J. Fox, New York City, for appellants.

Nixon Peabody LLP, Jericho ( Michael S. Cohen , Christopher J. Porzio and Michelle Yuen of counsel), for New York and Presbyterian Hospital and another, respondents.

Levine Sullivan Koch & Schulz, LLP, New York City ( Nathan Siegel of counsel), for American Broadcasting Companies, Inc., respondent.

Judges PIGOTT, RIVERA, ABDUS-SALAAM, FAHEY and GARCIA concur; Chief Judge DIFIORE taking no part.

OPINION OF THE COURT

Defendants' actions in filming a patient's medical treatment and death in a hospital emergency room without consent, and then broadcasting a portion of the footage as part of a documentary series about medical trauma, were not so extreme and outrageous as to...

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