In an August 4, 2011 decision by Justice Kornreich, the court granted the plaintiff’s motion to seal the entire record of the action which was resolved via settlement. The plaintiff commenced the action as “Jane Doe”, alleging that the defendants utilized film footage of the plaintiff shot as part of an advertisement for the defendant’s products in a sexually suggestive manner not agreed to by the plaintiff. In granting the motion, the court noted that it had previously denied the defendants’ motion to compel the plaintiff to disclose her identity in the caption, and that the parties’ settlement agreement prohibited the defendants from revealing the plaintiff’s name to any third party of jeopardizing the court-awarded anonymity. The court therefore found because the action involved a private matter between parties to which the public had no significant interest in accessing the records, refusing the seal the file would run contrary to the purpose of the settlement agreement which was to ensure that the content of the footage would not be available to the general public.
Doe v Szul Jewelry, Inc., Sup Ct NY County, August 4, 2011, Kornreich, J, Index No. 604277/07