ARC NYWWPJV001, LLC v. WWP JV LLC

ARC NYWWPJV001, LLC v WWP JV LLC 2024 NY Slip Op 33523(U) September 26, 2024 Supreme Court, New York County Docket Number: Index No. 654977/2022 Judge: Joel M. Cohen 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.

INDEX NO. 654977/2022 NYSCEF DOC. NO. 506 RECEIVED NYSCEF: 09/26/2024

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 03M ----------------------------------------------------------------------------------- X ARC NYWWPJV001, LLC,A DELAWARE LIMITED INDEX NO. 654977/2022 LIABILITY COMPANY, 06/24/2024, Plaintiff, 07/10/2024, 07/15/2024, - V - MOTION DATE 07/15/2024 WWP JV LLC,A DELAWARE LIMITED LIABILITY 010 011 COMPANY, MOTION SEQ. NO. 012 Defendant.

DECISION+ ORDER ON MOTION ----------------------------------------------------------------------------------- X

WWP JV LLC, A DELAWARE LIMITED LIABILITY COMPANY, Third-Party Index No. Plaintiff, -against- NEW YORK REIT LIQUIDATING LLC Defendant. -------------------------------------------------------------------------------- X

HON. JOEL M. COHEN: The following e-filed documents, listed by NYSCEF document number (Motion 008) 162, 163, 164, 165, 166, 167, 168 were read on this motion to/for MISCELLANEOUS

The following e-filed documents, listed by NYSCEF document number (Motion 010) 176, 177, 178, 179, 180, 182, 184 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 011) 311,312,313,314, 315,316,337,339 were read on this motion to/for SEAL

The following e-filed documents, listed by NYSCEF document number (Motion 012) 317,318,319,320, 321,322,323,324,325,326,327,328,329,330,338,340,442,443,444,445,446,447,448,449, 450,451,452,453,454,455,456,457,458,459,460,461,462,463,464 were read on this motion to/for SEAL 654977/2022 ARC NYWWPJV001, LLC, A DELAWARE LIMITED LIABILITY COMPANY, vs. WWP Page 1 of4 JV LLC, A DELAWARE LIMITED LIABILITY COMPANY, Motion No. 008 01 O 011 012

Defendant and Counterclaim Plaintiff, WWP JV LLC ("WWP"), seeks orders sealing and/or redacting the unredacted documents filed in connection with this proceeding as NYSCEF Document Numbers 139, 141, and 142 (MS 008); 169, 173, and 180 (MS 010); 225 (MS 011); and 206, 207, 208, 209, and 210 (MS 012). For the following reasons, WWP's unopposed motions are granted.

Pursuant to§ 216.1 (a) of the Uniform Rules for Trial Courts, this Court may seal a filing "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" (22 NYCRR § 216.1 [a]).

The Appellate Division has emphasized that "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]). "Since the right [of public access to court proceedings] is of constitutional dimension, any order denying access must be narrowly tailored to serve compelling objectives, such as a need for secrecy that outweighs the public's right to access" (Danco Labs., Ltd v Chemical Works of Gedeon Richter, Ltd, 274 AD2d 1, 6 [1st Dept 2000] [emphasis added]; see also, e.g. Gryphon Dom. VL LLC v APP Intern. Fin. Co., B. V, 28 AD3d 322, 324 [1st Dept 2006]). "Furthermore, because confidentiality is the exception and not the rule, 'the party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access"' (Maxim, Inc. v Feifer, 145 AD3d 516,517 [1st Dept 2016] [citations omitted]).

The Court has reviewed WWP's proposed targeted redactions of the Documents filed as NYSCEF 139, 169, 180,206,207,208,209,210, and 225, and finds that they comport with the applicable sealing standard as laid out in Mosallem, 76 AD3d at 348-350, and its progeny, in that

654977/2022 ARC NYWWPJV001, LLC, A DELAWARE LIMITED LIABILITY COMPANY, vs. WWP Page 2 of 4 JV LLC, A DELAWARE LIMITED LIABILITY COMPANY, Motion No. 008 01 O 011 012

Accordingly, it is ORDERED that WWP's motions to seal (MS 08, 10, 11, and 12) are granted; it is further ORDERED that the County Clerk shall maintain the unredacted documents filed as NYSCEF Document Numbers 139, 141, 142, 169, 173, 180,206,207,208,209,210, and 225 under seal, so that the documents may be accessible only by the parties, their counsel, and authorized court personnel; it is further ORDERED that the parties shall file to the public docket redacted copies of the unredacted documents filed as NYSCEF Document Numbers 139, 169, 180,206,207,208,209, 210, and 225, which redacted copies the Clerk shall allow to remain on the docket in their redacted form; it is further ORDERED that this Decision shall not be construed as sealing any document at trial, nor as preclusive of any determination of any claims that some or all of these documents are privileged; and it is further ORDERED that as it relates to future submissions, made by any party, that contain subject matter that the court has authorized to be sealed by this Decision and Order, parties may file a joint stipulation, to be So Ordered, which will authorize the filing of such future submissions to be filed in redacted form on NYSCEF, provided that an unredacted copy of any document is contemporaneously filed under seal.

654977/2022 ARC NYWWPJV001, LLC, A DELAWARE LIMITED LIABILITY COMPANY, vs. WWP Page 3 of 4 JV LLC, A DELAWARE LIMITED LIABILITY COMPANY, Motion No. 008 01 O 011 012

This constitutes the Decision and Order of the Court.

9/26/2024 DATE JOEL M. COHEN, J.S.C. CHECK ONE: CASE DISPOSED ~ NON-FINAL DISPOSITION □ DENIED □ GRANTED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

654977/2022 ARC NYWWPJV001, LLC, A DELAWARE LIMITED LIABILITY COMPANY, vs. WWP Page4 of 4 JV LLC, A DELAWARE LIMITED LIABILITY COMPANY, Motion No. 008 010 011 012