Opinion

Total Asset Recovery Servs. LLC v. Metlife, Inc.

  • 2025 NY Slip Op 31713(U)
Court
New York Supreme Court, New York County
Filed
May 10, 2025
Status
Unpublished
Author
Andrea Masley
Cited by
0 cases
Authority
More cited than 35.4%

The opinion

Total Asset Recovery Servs. LLC v Metlife, Inc.

2025 NY Slip Op 31713(U)

May 10, 2025

Supreme Court, New York County

Docket Number: Index No. 115336/2010

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 05/12/2025 12:59 PM INDEX NO. 115336/2010

NYSCEF DOC. NO. 670 RECEIVED NYSCEF: 05/10/2025

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 48

-----------------------------------------------------------------------------------X

TOTAL ASSET RECOVERY SERVICES LLC, ON INDEX NO. 115336/2010

BEHALF OF THE STATE OF NEW YORK,

Plaintiff, MOTION DATE -

-v- MOTION SEQ. NO. 029

METLIFE, INC. AND ITS SUBSIDIARIES AND

AFFILIATES, METROPOLITAN LIFE INSURANCE DECISION + ORDER ON

COMPANY, PRUDENTIAL FINANCIAL, INC., AND ITS MOTION

SUBSIDIARIES AND AFFILIATES, THE PRUDENTIAL

INSURANCE COMPANY OF AMERICA, PRUDENTIAL

INSURANCE AGENCY, LLC, AXA FINANCIAL, INC.,

D/B/A AXA GROUP INC., AND ITS SUBSIDIARIES AND

AFFILIATES, AXA EQUITABLE FINANCIAL SERVICES,

LLC,AXA EQUITABLE LIFE INSURANCE COMPANY,

GENWORTH FINANCIAL, INC., AND ITS SUBSIDIARIES

AND AFFILIATES, GENWORTH LIFE INSURANCE

COMPANY OF NEW YORK, THE GUARDIAN LIFE

INSURANCE COMPANY OF AMERICA, AND ITS

SUBSIDIARIES AND AFFILIATES, THE GUARDIAN

INSURANCE & ANNUITY COMPANY, INC, JOHN

HANCOCK LIFE INSURANCE COMPANY (U.S.A.), JOHN

HANCOCK LIFE INSURANCE COMPANY OF NEW

YORK, JOHN HANCOCK LIFE & HEALTH INSURANCE

COMPANY, MASSACHUSETTS MUTUAL LIFE

INSURANCE COMPANY, D/B/A MASSMUTUAL

FINANCIAL GROUP, D/B/A MASSMUTUAL, AND ITS

SUBSIDIARIES AND AFFILIATES, NEW YORK LIFE

INSURANCE COMPANY, AND ITS SUBSIDIARIES AND

AFFILIATES, NEW YORK LIFE INSURANCE AND

ANNUITY CORPORATION, D/B/A NEW YORK LIFE,

TEACHERS INSURANCE AND ANNUITY ASSOCIATION

OF AMERICA, D/B/A TEACHERS INSURANCE AND

ANNUITY, ASSOCIATION - COLLEGE RETIREMENT

EQUITIES FUND (TIAA-CREF), AND ITS SUBSIDIARIES

AND AFFILIATES, TIAA-CREF LIFE INSURANCE

COMPANY, and JOHN DOES 23 - 100,

Defendants.

-----------------------------------------------------------------------------------X

HON. ANDREA MASLEY:

The following e-filed documents, listed by NYSCEF document number (Motion 029) 564, 565, 566, 567,

568, 569, 572, 574, 575, 576, 577, 578, 580

were read on this motion to/for SEAL .

115336/2010 TOTAL ASSET RECOVERY vs. METLIFE, INC. Page 1 of 5

Motion No. 029

1 of 5

[* 1]

FILED: NEW YORK COUNTY CLERK 05/12/2025 12:59 PM INDEX NO. 115336/2010

NYSCEF DOC. NO. 670 RECEIVED NYSCEF: 05/10/2025

In motion sequence number 029, defendants Genworth Financial, Inc. and

Genworth Life Insurance Company of New York (together, Genworth Defendants) move

pursuant to the Uniform Rules of the New York State Trial Courts (22 NYCRR) § 216.1

to redact NYSCEF Doc. No. (NYSCEF) 550 and 567, an email chain between Genworth

Financial, Inc. and nonparty Verus Financial LLC, which plaintiff Total Asset Recovery

Services, LLC (TARS) filed in support of its motion to compel (seq. no. 028).1, 2, 3 The

email was quoted in TARS’ brief in support of its motion to compel (NYSCEF 556, 557,

559, 560). The Genworth Defendants seek to redact all portions of the email chain,

except for one sentence quoted in TARS’ brief, on the ground that the email chain

“contains confidential and sensitive business information, including

communications with a third-party regarding the Genworth Defendants’ policies

and procedures regarding a number of unclaimed property topics, including

policies for addressing returned mail items, processing notifications of the death

of insureds, and initiating escheatment of unclaimed policy proceeds.” (NYSCEF

565, Anthony4 aff ¶ 6.)

The motion is unopposed.

Legal Standard

“Under New York law, there is a broad presumption that the public is entitled to

access to judicial proceedings and court records.” (Mosallem 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

1 The Genworth Defendants failed to seek a temporary restraining order to seal

NYSCEF 550 and 567 pending the court’s decision on this motion. (See NYSCEF 572,

OSC.)

2 The public copy with the Genworth Defendants’ proposed redactions is filed at

NYSCEF 568.

3 The parties are reminded that placeholders, such as NYSCEF 551, shall not be used

instead of exhibits. (Part 48 Procedures ¶ 6[G].)

4 Cody Anthony is the Genworth Defendants’ counsel. (NYSCEF 565, Anthony aff ¶ 1.)

115336/2010 TOTAL ASSET RECOVERY vs. METLIFE, INC. Page 2 of 5

Motion No. 029

2 of 5

[* 2]

FILED: NEW YORK COUNTY CLERK 05/12/2025 12:59 PM INDEX NO. 115336/2010

NYSCEF DOC. NO. 670 RECEIVED NYSCEF: 05/10/2025

been limited by numerous statutes.” (Id. at 349.) One such provision 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.” (Uniform Rules for Trial

Cts [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.

(Mosallem, 76 AD3d at 349 [citations omitted].) Good cause must “rest on a sound

basis or legitimate need to take judicial action.” (Danco Lab Ltd. v Chemical Works of

Gedeon Richter, Ltd., 274 AD2d 1, 8 [1st Dept 2000] [internal quotation marks omitted].)

Further, in the business context, courts have sealed records where the disclosure of

documents “could threaten a business’s competitive advantage.” (Mosallem, 76 AD3d

at 350 [citations omitted].) Records concerning 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].)

115336/2010 TOTAL ASSET RECOVERY vs. METLIFE, INC. Page 3 of 5

Motion No. 029

3 of 5

[* 3]

FILED: NEW YORK COUNTY CLERK 05/12/2025 12:59 PM INDEX NO. 115336/2010

NYSCEF DOC. NO. 670 RECEIVED NYSCEF: 05/10/2025

Discussion

The Genworth Defendants demonstrated good cause to redact the email chain

as proposed to shield confidential business information such as discussions concerning

the Genworth Defendants’ internal policies and procedures. There is no indication of

substantial public interest in the disclosure. Moreover, the portion of the email chain

upon which TARS relies in its brief will remain unredacted.

Accordingly, it is

ORDERED that motion sequence number 029 is granted; and it is further

ORDERED that the County Clerk, upon service of this order, is directed to seal

NYSCEF 550 and 567; and it is further

ORDERED that the 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

ORDERED that movants shall serve a copy of this order on the County Clerk in

accordance with the procedures set forth in the Protocol on Courthouse 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

115336/2010 TOTAL ASSET RECOVERY vs. METLIFE, INC. Page 4 of 5

Motion No. 029

4 of 5

[* 4]

FILED: NEW YORK COUNTY CLERK 05/12/2025 12:59 PM INDEX NO. 115336/2010

NYSCEF DOC. NO. 670 RECEIVED NYSCEF: 05/10/2025

ORDERED that this order does not authorize sealing or redacting for purposes of

trial or other court proceedings on the record, e.g., arguments on motions.

5/10/2025

DATE ANDREA MASLEY, J.S.C.

CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□

X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□

CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

115336/2010 TOTAL ASSET RECOVERY vs. METLIFE, INC. Page 5 of 5

Motion No. 029

5 of 5

[* 5]

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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