2013 - Legal As She Is Spoke...11. That at all times hereinafter mentioned defendant ANIL S. RANAWAT...

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK------------------------------------------------------------------)(ANITA CHANKO, as Executor of the Estate ofMARK S. CHANKO, deceased, ANITA CHANKO,Individually, KENNETH CHANKO, BARBARACHANKO and PAMELA CHANKO,

Plaintiffs,

-against-

AMERICAN BROADCASTING COMPANIES, INC.,NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEMINC., SEBASTIAN SCHUBL, M.D., ANIL S.RANAWAT, M.D., and TRAVIS MAAK, M.D.,

Defendants.---------------------------------------------------------------------)(

To the Above Named Defendants:

Index No.:

SUMMONS

Plaintiffs designateNEW YORK COUNTYAs Place of Trial

Basis of Venue:Defendants' principalbusiness location.

Plaintiff resides at:460 E. 79th St., NY, NY

YOU ARE HEREBY SUMMONED to answer the complaint in the action andto serve a copy of your answer, or, if the complaint is not served with this summons, toserve a notice of appearance, on the Plaintiffs' Attomey(s) within twenty (20) days afterthe service of this summons, exclusive of the day of service (or within 30 days after theservice is complete if this summons is not personally delivered to you within the State ofNew York); and in case of your failure to appear or answer, Judgment will be takenagainst you by default for the relief demanded in the complaint.

Dated: New York, NYMarch~, 2013

Yours, etc.,

MARK J. FOX, Q.Attorney for Plain iffLAW OFFICES OF MARK J. FOX111 East 35th StreetNew York, NY 10016(212) 685-5015

American Broadcasting Companies, Inc.77 W. 66th St.New York, NY 10023

New York-Presbyterian Healthcare System, Inc.1320 York Avenue, Room 715New York, NY 10021

FILED: NEW YORK COUNTY CLERK 03/20/2013 INDEX NO. 152552/2013

NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/20/2013

SEBASTIAN SCHUBL, M.D.C/O: Jamaica HospitalAmbulatory Care Clinic89-00 Van Wyck ExpresswayJamaica, NY 11418

TRAVIS MAAK, M.D.C/O University of Utah Orthopedic Center590 Wakara WaySalt Lake City, UT 84108

ANIL S. RANAWAT, M.D.C/O: Hospital for Special Surgery535 E. 70th StreetNew York, NY 10021

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK-------------------------------------------------------------------------xANITA CHANKO, as Executor of the Estate ofMARK S. CHANKO, deceased, ANITA CHANKO,individually, KENNETH CHANKO, BARBARACHANKO, PAMELA CHANKO

Index No.:

Plaintiff,-aqainst- VERIFIED COMPLAINT

AMERICAN BROADCASTING COMPANIES, INC.,NEW YORK- PRESBYTERIAN HEALTHCARESYSTEM, INC.,SEBASTIAN SCHUBL, M.D.,ANIL S. RANAWAT, M.D., and TRAVIS MAAK, M.D.

Defendants.-------------------------------------------------------------------------x

Plaintiffs above named by their attorney, MARK J. FOX, ESQ., as and for a Verified

Complaint against the above named defendants states the following upon information and

belief:

GENERAL ALLEGATIONS

1. That at all times hereinafter mentioned plaintiff ANITA CHANKO was and is still a resident of

the City, County and State of New York.

2. That at all times hereinafter mentioned plaintiff KENNETH CHANKO was and is still a

resident of the City, County and State of New York.

3. That at all times hereinafter mentioned plaintiff BARBARA CHANKO was and is still a

resident of the City, County and State of New York.

1

4. That at all times hereinafter mentioned plaintiff PAMELA CHANKO was and is still a resident

of the City, County and State of New York.

5. That MARK S. CHANKO died on April 29, 2011.

6. On July 7,2011 by Order and Decision of the Surrogate's Court of the State of New York,

County of New York plaintiff ANITA CHANKO was granted Letters Testamentary for the Estate

of MARK S. CHANKO, deceased.

7. That at a" times hereinafter mentioned defendant AMERICAN BROADCASTING

COMPANIES, INC., was and still is a Delaware business corporation authorized to do business

in the State of New York.

8. That at a" times hereinafter mentioned defendant NEW YORK- PRESBYTERIAN

HEALTHCARE SYSTEM, INC., was and still is domestic Not-For-Profit corporation organized

and existing under and by virtue of the laws of the State of New York.

9. That at a" times hereinafter mentioned defendant NEW YORK-PRESBYTERIAN

HEALTHCARE SYSTEM INC., did business as NEW YORK-PRESBYTERIAN HOSPITAU

WEILL CORNELL MEDICAL CENTER.

10. That at a" times hereinafter mentioned defendant SEBASTIAN SCHUBL was and still is a

duly licensed medical practitioner under the laws of the State of New York.

2

11. That at all times hereinafter mentioned defendant ANIL S. RANAWAT was and still is a duly

licensed medical practitioner under the laws of the State of New York.

12. That at all times hereinafter mentioned defendant TRAVIS MAAK was and still is a duly

licensed medical practitioner under the laws of the State of New York.

13. That at all times hereinafter mentioned defendant NEW YORK- PRESBYTERIAN

HEALTHCARE SYSTEM INC. was and still is the owner of NEW YORK PRESBYTERIAN

HOSPITAL! WEILL CORNELL MEDICAL CENTER located at 525 East 68th Street in the

County, City and State of New York


HEALTHCARE SYSTEM INC. operated of NEW YORK PRESBYTERIAN HOSPITAL/ WEILL

CORNELL MEDICAL CENTER.


HEALTHCARE SYSTEM INC. managed and controlled NEW YORK PRESBYTERIAN

HOSPITAU WEILL CORNELL MEDICAL CENTER.

16. That at all times hereinafter mentioned NEW YORK- PRESBYTERIAN HOSPITAL/WEILL

CORNELL MEDICAL CENTER was and still is a hospital.

17. That at all times hereinafter mentioned NEW YORK-PRESBYTERIAN HOSPITAU WEILL

CORNELL MEDICAL CENTER invited members of the public including MARK S. CHANKO,

deceased to become patients in said hospital.

3

18. That on April 29, 2011 MARK S. CHANKO, deceased was admitted as a patient at NEW

YORK PRESBYTERIAN HOSPITAL / WEILL CORNEL MEDICAL CENTER and received

medical treatment.

19. That on April 29, 2011 while MARK S. CHANKO, deceased was a patient at NEW YORK

PRESBYTERIAN/ HOSPITAU WEILL CORNELL defendants SEBASTIAN SCHUBL, M.D.,

ANIL S. RANAWAT, M.D. and TRAVIS MAAK M.D. were his treating physicians.

20. That ABC NEWS was and still is a division of defendant AMERICAN BROADCASTING

COMPANIES, INC.

21. That at all times hereinafter mentioned ABC NEWS was the producer of a broadcast

television show named NY MED.

22. That on April 29, 2011 the television show NY MED was staged, produced and filmed at

NEW YORK PRESBYTERIAN/ HOSPITAU WEILL CORNELL HOSPITAL by ABC NEWS with

the permission and consent of defendant NEW YORK-PRESBYTERIAN HEALTHCARE

SYSTEM INC.

23. That on April 29, 2011 while he was receiving medical treatment at the said hospital by the

above named physicians MARK S. CHANKO, deceased's image was filmed and his words

were recorded by the agents servants and/ or employees of defendant AMERICAN

4

BROADCASTING COMPANIES, INC. for use in an episode of the television show NY MED.

24. That on April 29, 2011 MARK S. CHANKO, deceased died while being treated by said

hospital and physicians and his final words, treatment and death were recorded by defendant

AMERICAN BROADCASTING COMPANIES INC. and used in an episode of NY MED that was

first broadcast on the ABC television network on August 21,2012 and that was then

rebroadcast as an on demand program and was made available for viewing on the internet.

25. That plaintiffs ANITA CHANKO, KENNETH CHANKO, BARBARA CHANKO and PAMELA

CHANKO are MARK S. CHANKO, deceased's family and relatives and on April 29, 2011 were

present at the hospital at the time he was treated and died. That at the said time and place

defendant SEBASTIAN SCHUBL, M.D. and a social worker employed by defendant hospital

verbally informed the said plaintiffs of the death MARK S. CHANKO. The delivery of the news of

the death to the family was recorded by ABC NEWS and broadcast as a scene in the above

described episode of NY MED.

26. That neither MARK S. CHANKO, deceased nor any of the plaintiffs were aware that they

or the events above recited were being recorded and they never gave written or oral consent to

the use and broadcasting and dissemination of any of the recorded events.

27. That plaintiffs first became aware that the medical treatment and death of MARK S.

CHANKO, and the delivery of the news of the death to the family had been recorded for use in

a television show when MARK S. CHANKO's widow, plaintiff ANITA CHANKO, watched a

broadcast of the above described episode of NY MED on her television and when said episode

5

was subsequently viewed by each of the plaintiffs.

28. That the amount of damages sought in this action against the defendants exceeds the

jurisdictional limits of all lower courts that would otherwise have jurisdiction.

29. Plaintiff's recovery shall not be limited by Article 16 of the CPLR or any other provision of

law and is specifically excluded from such limitations by the exemption provided for in CPLR

Section 1602(6).

AS AND FOR A FIRST CAUSE OF ACTION ONBEHALF OF PLAINTIFF ANITA CHANKO, AS EXECUTOROF THE ESTATE OF MARK S. CHANKO, DECEASEDAGAINST ALL THE ABOVE NAMED DEFENDANTS

30. Plaintiffs repeat and reiterate each and every allegation contained in Paragraphs 1 through

29 of the complaint with the same force and effect as if fully stated herein.

31. MARK S. CHANKO, deceased's image and voice was used by defendants as part of an

episode of a reality based television show that they recorded, acted in, broadcast and

disseminated on the television airwaves, on cable and on the internet.

32. Defendants used MARK S. CHANKO's image and voice for the purpose of advertising or

trade in that they collected fees, advertising revenue and advertising for their hospital and their

medical practices by broadcasting the television show.

6

33. Sections 50 and 51 of the New York City Civil Rights Law prohibit the use of a person's

name, portrait, picture or voice for the purposes of advertising or trade without the written

consent of the subject.

34. Defendants' use of MARK S. CHANKO's image and voice without Plaintiff's consent is a

blatant violation of the New York Civil Rights Law.

35. As the direct result of the Defendants' violation of MARK S. CHANKO's right of privacy in

contravention of New York statutory law, plaintiff's decedent has suffered injury in that his

justified expectation of private medical care and private communication with his physicians

without the intrusion of employees and staff of a commercial television station and non

medical people into his hospital room was violated and in that his final extremis, and his last

pain filled words and requests were recorded and broadcast for commercial and entertainment

purposes, and he was deprived of a dignified death all for the financial benefit of defendants

and the entertainment of strangers.

36. Defendants' conduct in using decedent's image and voice was intentional and wanton.

37. As a result of Defendants' knowing violation of the Civil Rights Law, punitive damages

should be assessed against Defendants in the sum of Five Million ($5,000,000) Dollars.

7

AS AND FORA SECOND CAUSE OF ACTION ONBEHALF OF PLAINTIFF ANITA CHANKO, AS EXECUTOROF THE ESTATE OF MARK S. CHANKO, DECEASEDAGAINST ALL THE ABOVE NAMED DEFENDANTS



39. On April 29, 2011 defendants, their agents servants and/ or employees entered MARK S.

CHANKO deceased's hospital room without his consent and full knowledge for the purpose of

creating and recording an episode of a television show.

40. The defendants proceeded to film MARK S. CHANKO, deceased, in complete and direct

invasion of his privacy; the defendants well knew that plaintiff's decedent was gravely ill and

that he was thus defenseless in protection of his privacy. The defendants' action in that respect

was outrageous and shocking and entitles the Plaintiff to punitive damages, for such

unwarranted, unlawful, invasion of privacy.

AS AND FOR A THIRD CAUSE OF ACTION ONBEHALF OF ALL THE ABOVE NAMED PLAINTIFFSAGAINST ALL THE ABOVE NAMED DEFENDANTS



8

42. That on or before April 29, 2011 defendants, without the prior knowledge or consent of

plaintiffs and plaintiffs decedent MARK S. CHANKO, willfully and maliciously installed and

concealed listening and recording devices and video cameras in hospital rooms occupied by

plaintiffs as a patient and as family of a patient.

43. Defendants recorded and videotaped several conversations of plaintiffs with each other

and with hospital professional staff and disclosed said conversations to third persons including

but not limited to the television audience of NY MED and employees and agents of defendant

AMERICAN BROADCASTING COMPANIES, INC.

44. Defendants' installation and concealment of said listening and recording and videotaping

devices in the hospital rooms and the overhearing and recording of plaintiffs conversations and

images invaded the privacy of Plaintiffs and of MARK S. CHANKO, deceased and intruded

upon private conversations between them and physicians and related hospital professionals.

Defendants' broadcast and dissemination of plaintiffs' private conversations and images

constituted a further invasion of the plaintiffs' and decedent's right of privacy.

45. As a direct and proximate result of defendants' actions, plaintiffs have suffered extreme

embarrassment and humiliation and severe mental and emotional distress.

9

AS AND FORA FOURTH CAUSE OF ACnON ONBEHALF OF PLAINTIFF ANITA CHANKO, AS EXECUTOROF THE ESTATE OF MARK S. CHANKO, DECEASEDAGAINST ALL THE ABOVE NAMED DEFENDANTS



47. That defendants' unnecessarily, recklessly, and in conscious disregard of MARK S.

CHANKO's rights disclosed and discussed his medical condition with cast members of NY MED

and allowed them to videotape said conversations and videotape his medical treatment for

broadcast and dissemination to the public in an episode of that television show.

48. That no member of the public had or has any legitimate interest in this information.

49. Defendants' disclosure of MARK S. CHANKO's medical information constitutes a violation

of physician patient confidentiality and an invasion of his privacy and is a violation of State and

Federal statutes protecting the privacy of medical records and information and violated

paragraph 13 of the New York State Patients' Bill of Rights.

50. That defendants' disclosure of the deceased's medical information was intended by

defendants to and did deprive him of his legal rights. For this reason, plaintiff seeks

compensatory and punitive damages.

10

AS AND FOR A FIFTH CAUSE OF ACTION ONBEHALF OF PLAINTIFF ANITA CHANKO,KENNETH CHANKO, BARBARA CHANKO, ANDPAMELA CHANKO AGAINST ALL THE ABOVENAMED DEFENDANTS



52. That defendants without the knowledge, permission, or consent of the family of MARK S.

CHANKO, deceased allowed and permitted and caused defendant AMERICAN

BROADCASTING SERVICES, INC. to broadcast and disseminate the videotape of the final

moments of his life and the moment of his death.

53. That plaintiffs watched the said videotape on their televisions and were shocked and upset

by what they saw.

54. Defendants acted intentionally, recklessly, and deliberately, and it was foreseeable that

plaintiffs would be caused to suffer emotional distress. Alternatively, defendants acted with

reckless disregard for the probability that they would cause plaintiffs to suffer emotional

distress.

55. Defendants knew or should have known that emotional distress was the likely result of

their conduct.

11

56. Defendants' conduct was extreme and outrageous, beyond all possible bounds of

decency, utterly intolerable in a civilized community, and without privilege.

57. Defendants' actions were the sole and proximate cause of plaintiffs' emotional distress.

58. The emotional distress suffered by plaintiffs was severe and of such a nature that no

reasonable person could be expected to endure it.

59. Plaintiffs are, and with a high degree of likelihood will continue to be, inflicted with

emotional distress due to the intentional acts of defendants.

60. As a result of defendants' intentional conduct, plaintiffs have suffered, and will continue to

suffer, severe and permanent physical symptoms, pain, anguish, severe emotional trauma,

embarrassment, humiliation, pain and suffering, and severe emotional distress.

WHEREFORE:

1. Plaintiff ANITA CHANKO as Executor of the Estate of MARK S. CHANKO, deceased

demands judgment jointly and severally against all the above named defendants on the First,

Second and Fourth Causes of Action for such an amount that may justly compensate for the

injuries and loss of damages sustained by MARK S. CHANKO, deceased as determined at the

time of trial all together with the costs and disbursements of this action including interest and

attorney's fee thereon; and

12

2. All the above named plaintiffs demand judgment jointly and severally against all the above

named defendants on the Third Cause of action for such an amount that may justly compensate

for the injuries and loss of damages sustained as determined at the time of trial all together with

the costs and disbursements of this action including interest and attorney's fee thereon; and

3. Plaintiffs ANITA CHANKO, individually, KENNETH CHANKO, BARBARA CHANKO and

PAMELA CHANKO demand judgment jointly and severally against all the above named

defendants on the Fifth Cause of action for such an amount that may justly compensate for the

injuries and loss of damages sustained as determined at the time of trial all together with the

costs and disbursements of this action including interest and attorney's fee thereon.

Dated: New York, NYMarch 18, 2013

Yours, etc.,

~~~MARK J. FOX, SQ.Law Offices or ark J. FoxAttorney for Plaintiffs111 East ss" StreetNew York, NY 10016(212) 685-5015

13

STATE OF NEW YORK )COUNTY OF NEW YORK )

Kenneth Chanko being du1y sworn depose sand says:

I am the Plaintiff in the within action; I have read the forgoing Complaint and know the contentsthereof; the same is true to my own knowledge, except as to the matters therein stated to be allegedon information and belief and as to those matters, I believe it to be true. The grounds of my beliefas to all matters not stated upon my own knowledge are as follows:

Based upon conversations with my attorney.

~KENNETH CHANKO

Sworn to before meon the 18th day of March, 2013

KJ. FOXNOTARY PUBLIC, STATE OF NEW YORK

Registration No. 02F04626872Qualified in New York County IL.,

Commission Ex ires December 17,20 __ \

STATE OF NEW YORK )COUNTY OF NEW YORK )

Kenneth Chanko being duly sworn deposesand says:

I am the Plaintiff in the within action; I have read the forgoing Complaint and know the contentsthereof; the same is true to my own knowledge, except as to the matters therein stated to be allegedon information and belief and as to those matters, I believe it to be true. The grounds of my beliefas to all matters not stated upon my own knowledge are as follows:

Based upon conversations with my attorney.

~~KENNETH CHANKO

Sworn to before meon the 18th day of March, 2013

MARKJ.FOXNOTARY PUBLIC. STATE OF NEW YORK

Registration No. 02F04626872Qualified in New York County IL.

Commission Ex ires December 17. 20~

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF NEW YORK Index#:

ANITA S. CHANKO, as Executor of the Estate ofMARK S~CHANKO, deceased, ANITA CHANKO,individually, KENNETHCHANKO, BARBARACHANKO and PAMELA CHANKO,

Plaintiffs,·against·

AMERICAN BROADCASTINGCOMPANIES, INC.,NEWYORK·PRESBYTERIAN HEALTHCARESYSTEM, INC., SEBASTIAN SCHUBL, M.D.,ANIL S. RANAWAT, M.D., and TRAVIS MAAK,M.D.,

Defendants.

SUMMONS & COMPLAINT

LAW OFFICES OF MARK J. FOXAttorney for Plaintiffs111 East 35thStreetNew York, NY 10016Tel.: (212) 685-5015Fax: (212) 685-5041

PLEASE TAKE NOTICE:

Signature (Rule 130.1.1-a)---v--. _ ~ ."')I V\.--...... i\/ T

MARJ<J.FOX,ESQ~ V[ ] NOTICEOF ENTRYthat the within is a true copy of an Orderduly entered in the office of the clerk of the within named court on

[ ] NOTICEOF SETTLEMENTthat an orderpresentedfor settlement to the HON.Court,at

of which the within is a true copy will be

one of the judges of the within named

Dated: New York, NY

Yours, etc.,

MARK J. FOX, ESQ.

2013 - Legal As She Is Spoke...11. That at all times hereinafter mentioned defendant ANIL S. RANAWAT...

Documents

Transcript of 2013 - Legal As She Is Spoke...11. That at all times hereinafter mentioned defendant ANIL S. RANAWAT...