CENTURY INDEMNITY COMPANY v. BROOKLYN UNION GAS COMPANY (2022)

In this insurance-coverage action, this court previously issued under seal a number of orders resolving motions brought by the parties. Some of those orders also later became the subject of (or were discussed in detail in) the parties’ pretrial motions in limine—and thus were referenced in this court's decisions on those pretrial motions. In particular, this court had occasion in resolving motions in limine to discuss its prior orders addressing (i) Century Indemnity Company's motion for spoliation sanctions, motion sequence 025, resolved by order entered May 5, 2018 (see NYSCEF No. 544); and (ii) Century's motion for partial summary judgment, motion sequence 032, resolved by order entered July 16, 2018 (see NYSCEF No. 550).¹

Jury selection in the first trial in this action is scheduled to begin tomorrow. Given this court's discussion of its prior decisions in resolving the motions in limine, and the impending trial, the court concludes that New York's policy in favor of public access to court filings tips in favor of unsealing these decisions. This court has also reviewed the prior decisions in question and concludes that unsealing them would not reveal sensitive information of the parties that should remain confidential even after a trial has begun in the action.

Accordingly, it is

ORDERED that the Clerk of the Court shall unseal the previously sealed decisions and orders filed in this action at NYSCEF Nos. 544 and 550; and it is further

ORDERED that Brooklyn Union shall, by 5:00pm on March 22, 2022, serve a copy of this order with notice of its entry on all parties and on the office of the County Clerk, which is directed to amend its records accordingly.

FOOTNOTES

1.   See Century Indem. Co. v Brooklyn Union Gas Co. (2022 NY Slip Op 50199[U], at *1 [Sup Ct, NY County Mar. 14, 2022] [discussing order resolving spoliation motion]); Century Indem. Co. v Brooklyn Union Gas Co. (2022 NY Slip Op 50076[U], at *1-*2, *3-*4 [Sup Ct, NY County Feb. 4, 2022] [discussing order resolving summary-judgment motion]).

Gerald Lebovits, J.