The opinion
Seaport Mgt. Dev. Co., LLC v Shop Architects, P.C.
2024 NY Slip Op 33572(U)
October 1, 2024
Sup Ct, NY County
Docket Number: Index No. 657263/2019
Judge: Andrea Masley
Cases posted with a "30000" identifier, i.e., 2013 NY Slip
Op 30001(U), are republished from various New York
State and local government sources, including the New
York State Unified Court System's eCourts Service.
This opinion is uncorrected and not selected for official
publication.
[FILED: NEW YORK COUNTY CLERK 10/01/2024 12:57 P~ INDEX NO. 657263/2019
NYSCEF DOC. NO. 728 RECEIVED NYSCEF: 10/01/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 48
----------------------------------------------------------------------------------- X
SEAPORT MANAGEMENT DEVELOPMENT COMPANY, INDEX NO. 657263/2019
LLC,
Plaintiff, MOTION DATE
- V - MOTION SEQ. NO. 018
SHOP ARCHITECTS, P.C., HUNTER ROBERTS
CONSTRUCTION GROUP, LLC, SCHNEIDER ELECTRIC DECISION+ ORDER ON
SYSTEMS USA, INC., MOTION
Defendants.
----------------------------------------------------------------------------------- X
SHOP ARCHITECTS, P.C., Third-Party
Index No. 595060/2020
Plaintiff,
-against-
SCHNACKEL ENGINEERS, INC.,
Defendant.
-------------------------------------------------------------------------------- X
HUNTER ROBERTS CONSTRUCTION GROUP, LLC, Second Third-Party
Index No. 595178/2020
Plaintiff,
-against-
B&G ELECTRICAL CONTRACTORS OF NEW YORK,
Defendant.
-------------------------------------------------------------------------------- X
HUNTER ROBERTS CONSTRUCTION GROUP, LLC, Third Third-Party
Index No. 595713/2020
Plaintiff,
-against-
ENCLOS CORP.,
Defendant.
-------------------------------------------------------------------------------- X
HON. ANDREA MASLEY:
657263/2019 SEAPORT MANAGEMENT vs. SHOP ARCHITECTS, P.C. Page 1 of4
Motion No. 018
[* 1] 1 of 4
[FILED: NEW YORK COUNTY CLERK 10/01/2024 12:57 P~ INDEX NO. 657263/2019
NYSCEF DOC. NO. 728 RECEIVED NYSCEF: 10/01/2024
The following e-filed documents, listed by NYSCEF document number (Motion 018) 660, 661, 662, 663,
664,665,666,694,699
were read on this motion to/for SEAL
In motion seq. no. 018, plaintiff Seaport Management Development Company
LLC moves to redact sensitive and non-public commercial business information
contained in portions of the deposition of George Giaquinto dated October 7, 2021
(NYSCEF 662). 1 There is no opposition to this motion and no indication that the press
or public is interested in this matter.
"Under New York law, there is a broad presumption that the public is entitled to
access to judicial proceedings and court records." (Masai/em v Berenson, 76 AD3d
345, 348 [1st Dept 2010] [citations omitted].) The public's right to access is, however,
not absolute, and under certain circumstances, "public inspection of court records has
been limited by numerus statutes." (Id. at 349.) One of those statutes is section 216.1
(a) of the Uniform Rules for Trial Courts, which empowers courts to seal documents
upon a written finding of good cause. It provides:
"Except where otherwise provided by statute or rule, a court shall not enter
an order in any action or proceeding sealing the court records, whether in
whole or in part, except upon a written finding of good cause, which shall
specify the grounds thereof. In determining whether good cause has been
shown, the court shall consider the interests of the public as well as of the
parties. Where it appears necessary or desirable, the court may prescribe
appropriate notice and opportunity to be heard." (22 NYCRR 216.1.)
The "party seeking to seal court records has the burden to demonstrate
compelling circumstances to justify restricting public access" to the documents.
(Masai/em, 76 AD3d at 349 [citations omitted].) For example, in the business context,
1
A redacted copy of this document is publicly available at NYSCEF 663.
657263/2019 SEAPORT MANAGEMENT vs. SHOP ARCHITECTS, P.C. Page 2 of 4
Motion No. 018
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[FILED: NEW YORK COUNTY CLERK 10/01/2024 12:57 P~ INDEX NO. 657263/2019
NYSCEF DOC. NO. 728 RECEIVED NYSCEF: 10/01/2024
courts have sealed records where the disclosure of documents "could threaten a
business's competitive advantage." (Id. at 350-351 [citations omitted].) Records
concerning private financial information may be sealed where there has not been a
showing of relevant public interest in the disclosure of that information. ( See Dawson v
White & Case, 184 AD2d 246, 247 [1st Dept 1992].) A party "ought not to be required
to make their private financial information public ... where no substantial public interest
would be furthered by public access to that information." (D'Amour v Ohrenstein &
Brown, 17 Misc 3d 1130[A], 2007 NY Slip Op 52207[U], *20 [Sup Ct, NY County 2007]
[citations omitted].)
Plaintiff has demonstrated good cause to redact NYSCEF 662. The proposed
redactions are limited. Disclosure of such commercially sensitive business and financial
information regarding plaintiff and its tenants could cause competitive harm and put
plaintiff in a competitive disadvantage.
Accordingly, it is
ORDERED that the motion is granted; and it is further
ORDERED that and the County Clerk, upon service of this order, shall
permanently seal NYSCEF 662; and it is further
ORDERED the New York County Clerk shall restrict access to the sealed
documents with access to be granted only to authorized court personnel and designees,
the parties and counsel of record in this action, and any representative of a party or of
counsel of record upon presentation to the County Clerk of written authorization from
counsel; and it is further
657263/2019 SEAPORT MANAGEMENT vs. SHOP ARCHITECTS, P.C. Page 3 of 4
Motion No. 018
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!FILED: NEW YORK COUNTY CLERK 10/01/2024 12:57 PM! INDEX NO. 657263/2019
NYSCEF DOC. NO. 728 RECEIVED NYSCEF: 10/01/2024
ORDERED that plaintiff shall serve a copy of this order upon the Clerk of the
Court and the Clerk of the General Clerk's Office in accordance with the procedures set
forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed
Cases (accessible at the "E-Filing" page on the court's website at the address
www.nycourts.gov/supctmanh)]; and it is further
ORDERED that if any party seeks to redact identical information in future filings
that the court is permitting to be redacted here, that party shall submit a proposed
sealing order to the court (via SFC-Part48@nycourts.gov and NYSCEF) instead of filing
another seal motion; and it is further
ORDERED that this order does not authorize sealing or redacting for purposes of
trial.
10/1/2024
DATE ANDREA MASLEY, J.S.C.
CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION
GRANTED □ DENIED GRANTED IN PART □ OTHER
APPLICATION: SETTLE ORDER SUBMIT ORDER
CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT □ REFERENCE
657263/2019 SEAPORT MANAGEMENT vs. SHOP ARCHITECTS, P.C. Page4 of 4
Motion No. 018
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