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Chanko v. American Broadcasting Companies, Inc.

49 N.E.3d 1171 (2016)

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Chanko v. American Broadcasting Companies, Inc.

Court of Appeals of New York

49 N.E.3d 1171 (2016)

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Facts

Mark Chanko was struck by a vehicle. He was taken to the emergency room of The New York and Presbyterian Hospital (defendant). At the time, ABC News (defendant) was in the hospital filming a documentary. The ABC News crew members did not inform Mark’s wife, Anita Chanko (plaintiff), of the filming of the documentary and did not receive Mark or Anita’s consent to be included in the film. Nevertheless, ABC News filmed the doctor pronouncing Mark dead and the doctor informing Anita of his death. Anita was not aware of the filming until the documentary was aired and she recognized the scenes on television. ABC News edited the scenes to omit Mark’s name and blurred the image of Mark in his hospital bed. Chanko sued for intentional infliction of emotional distress. The trial court dismissed the complaint. The appellate court affirmed. Anita appealed.

Rule of Law

Issue

Holding and Reasoning (Stein, J.)

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