On June 13, 2025, Justice Whelan of the Suffolk County Commercial Division issued a decision in L.S. v. Gameng, 2025 NY Slip Op. 50968(U), holding that the fact that the parties agreed to seal documents was an insufficient grounds for sealing them, explaining:
Defendant seeks to seal the infant compromise order that resolves this action. The only offered grounds for a sealing order are that the parties have entered into a confidentiality agreement as to the settlement and plaintiff does not oppose the issuance of such an order.
A party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access. Neither the potential for embarrassment or damage to reputation, nor the general desire for privacy, constitutes good cause to seal court records. A court shall not enter an order sealing the court records, 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 the appropriate notice and an opportunity to be heard.
Despite the parties’ confidentiality agreement, there must be a showing of good cause required by the above section. Here, defendant has failed to make the requisite showing.
The right of access to court records is also firmly grounded in common-law principles, as is the right to inspect and copy judicial records.
On these facts, this Court cannot issue a written finding of good cause for sealing order as requested, the application for a sealing order is denied.
(Internal quotations and citations omitted).