On October 26, 2025, Justice Masley of the New York County Commercial Division issued a decision in Grace Holmes, Inc. v. Bourbon Sidecar LLC, 2025 NY Slip Op. 34888(U), denying a motion to seal because, among other things, of the failure to submit evidentiary support for the argument that the documents should be sealed, explaining:
The party seeking to seal court records has the burden to demonstrate compelling circumstances to justify restricting public access to the documents. Good cause must rest on a sound basis or legitimate need to take judicial action.
As a preliminary matter, Landlord fails to submit an affidavit from a person with knowledge explaining why the file or certain documents should be sealed. Counsel’s affirmation is insufficient. Where no affidavits are submitted by any of the defendants, the authors of the documents or the participants in the events recorded therein there is no evidence in the record as to why the documents are so confidential or sensitive that public access to them should be restricted.
(Internal quotations and citations omitted).