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WALK v. KASOWITZ BENSON TORRES LLP (2021)

Supreme Court, New York County, New York.2021-05-07No. 651921 /2021

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Opinion

The following e-filed documents, listed by NYSCEF document number (Motion 001) 7, 8, 9, 10, 11, 12, 13, 14, 24, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48 were read on this motion to/for JUDGMENT - MONEY.

Upon the foregoing documents and as set forth on the record (5/7/2021), the plaintiffs motion to seal must be denied. Charlie Walk has placed directly at issue the Settlement Agreement (NYSCEF Doc. No. 39; the Settlement Agreement), dated March 27, 2018, between UMG Recordings, Inc. (UMG) and Mr. Walk pursuant to which he was paid approximately $1.7 million in connection with the termination of his employment from UMG. To wit, Mr. Walk alleges that the defendants committed malpractice in advising him and negotiating the Settlement Agreement with UMG when he was accused by a number of women of sexual harassment. Neither UMG nor Mr. Walk has a compelling interest in keeping the Settlement Agreement confidential. The interest of the victims of Mr. Walks alleged conduct and the public interest in how UMG addresses these types of allegations substantially outweighs any private agreement to the contrary (Mossallem v Berenson, 76 AD3d 345, 348 [1st Dept 2010]; Breslin v Richmond Univ. Med. Ctr., 2020 WL 7350516 at * 1 [Sup Ct NY Cnty December 9, 2020]; 22 NYCRR 216.1).

Accordingly, it is

ORDERED that the plaintiffs motion for sealing is denied in its entirety and it is further

ORDERED that the Clerk of the Court is directed, upon service on him (60 Centre Street, Room 141B) of a copy of this order with notice of entry, to unseal all the documents provisionally sealed in this action; and it is further

ORDERED that service upon the Clerk of the Court shall be made in accordance with the procedures set forth in the Protocol on Courthouse and County Clerk Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the courts website at the address www.nycourts.gov/supctmanh).

Andrew Borrok, J.