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Reason
Reason
Politics
Eugene Volokh

"Protection of a Defendant's Reputation Is Not a Sufficient Reason to Prevent Public Access to the Docket"

From Sela v. Blanshay, decided last week by Justice Arlene Bluth of the New York trial court:

This action arises out of an unpaid debt. Plaintiff and defendant … allegedly entered into a loan agreement for an unspecified amount that went unpaid purportedly due to a debilitating illness…. [Defendant's son] allegedly took over her business and attempted to settle the remaining $30,000 debt with plaintiff. On April 29, 2021, plaintiff filed this motion for summary judgment in lieu of a complaint against defendants based upon defendants' failure to comply with the terms of a loan.

The suit was dismissed by this Court on May 21, 2021 because no affidavit of service was submitted. A separate action was subsequently commenced against all the defendants except Mr. Blanshay.

Mr. Blanshay brings this motion to seal stating he has no affiliation with his mother's jewelry company and has never signed any documents implicating him in this loan agreement. Mr. Blanshay contends that this dismissed action interferes with his ability to conduct business as it defames his name and credibility. He insists the dispute does not involve him. Mr. Blanshay never moved to dismiss the case against him on the merits (although there was no proof that he was ever served before it was dismissed, either).

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