From our private database of 33,600+ case briefs...
Klapper v. Graziano
New York Supreme Court
41 Misc. 3d 401, 970 N.Y.S.2d 355 (2013)
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
Holding and Reasoning (Bernard, Graham, J.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 602,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 602,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,600 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.