Klapper v. Graziano

41 Misc. 3d 401, 470 N.Y.S.2d 355 (2013)

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Klapper v. Graziano

New York Supreme Court
41 Misc. 3d 401, 470 N.Y.S.2d 355 (2013)

Facts

The Weinstein Company, JustJenn Productions, VH1, Marrow Media Company, Viacom Media Networks, Electus, and Left/Right, Inc. (the media companies) (defendants) were involved in the production of the reality television show Mob Wives. Renee Graziano (defendant) was one of four participants whose lives were documented for the show. Graziano decided to undergo a full body lift procedure with plastic surgeon Dr. Andrew Klapper (plaintiff). Dr. Klapper agreed to allow the procedure to be filmed for the show. As part of the agreement, Left/Right had Dr. Klapper sign an appearance release, which contained an exculpatory clause barring Dr. Klapper from suing Left/Right or any other company involved in the production of the show for claims related to his appearance on the show. During the surgery, there was a complication. Dr. Klapper kicked the film crew out of the operating room. Eventually, Graziano had to be transferred for emergency treatment. The incident was discussed on the show by the cast members, and Graziano described it as a near-death experience. Graziano further repeated claims that Dr. Klapper had committed medical negligence while doing media appearances outside of the show. Dr. Klapper filed suit for defamation. The media companies brought forward a motion to dismiss, asserting that the claim was barred by the exculpatory clause within the appearance release. Dr. Klapper argued that allowing parties to exempt themselves from tortious conduct via contract violated public policy.

Rule of Law

Issue

Holding and Reasoning (Bernard, Graham, J.J.)

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