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SUPREME COURT SHOULD NOT HAVE SEALED THE ENTIRE COURT RECORD, REDACTION IS APPROPRIATE FOR TRADE SECRETS (FIRST DEPT).

The First Department, reversing Supreme Court, determined the entire court record should not have been sealed. The facts were not discussed, but the court noted redaction is appropriate to protect trade secrets, confidential business information or proprietary information:

We reverse the order of the motion court for two reasons. First, the motion court erred by sealing the entire court file. As we have previously explained, “We recognize that it may be easier for the parties and the motion court to seal an entire court record, rather than make a determination on a document by document basis about sealing, but administrative convenience is not a compelling reason to justify sealing” … . Indeed, “In camera review and appropriate redaction is a valid method of protecting trade secrets” …

Second, defendants failed to meet their burden of showing grounds for protecting from public access any or all of the information in Exhibit A to the complaint, let alone the entire court record. They failed to show that Exhibit A, or any other document likely to become part of the record, contains trade secrets, confidential business information, or proprietary information … . Vergara v Mission Capital Advisors, LLC, 2020 NY Slip Op 05610,First Dept 10-8-20

 

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