Marsh USA LLC v. Hanrahan

2025 NY Slip Op 32144(U)

• Court: New York Supreme Court, New York County
• Decided: June 15, 2025
• Docket: Index No. 652798/2025
• Status: Unpublished

Opinion

Marsh USA LLC v Hanrahan 2025 NY Slip Op 32144(U) June 15, 2025 Supreme Court, New York County Docket Number: Index No. 652798/2025 Judge: Andrea Masley Cases posted with a "30000" identifier, i.e., 2013 NY Slip Op 30001(U), are republished from various New York State and local government sources, including the New York State Unified Court System's eCourts Service. This opinion is uncorrected and not selected for official publication. FILED: NEW YORK COUNTY CLERK 06/16/2025 12:50 PM INDEX NO. 652798/2025 NYSCEF DOC. NO. 113 RECEIVED NYSCEF: 06/15/2025

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: COMMERCIAL DIVISION PART 48 -----------------------------------------------------------------------------------X MARSH USA LLC and MARSH & MCLENNAN INDEX NO. 652798/2025 COMPANIES, INC.,

Plaintiffs, MOTION DATE -

-v- MOTION SEQ. NO. 008 GARRETT HANRAHAN, JOHN ANDREWS, and WILLIS TOWERS WATSON US LLC, DECISION + ORDER ON Defendants. MOTION

-----------------------------------------------------------------------------------X

HON. ANDREA MASLEY:

The following e-filed documents, listed by NYSCEF document number (Motion 008) 98, 99, 100, 101, 108 were read on this motion to/for SEAL .

In motion sequence number 008, plaintiffs Marsh USA LLC and Marsh &

McLennan Companies, Inc., (collectively Marsh) move pursuant to the Uniform Rules of

the New York State Trial Courts (22 NYCRR) § 216.1, to redact the following

documents:

1. Plaintiffs’ reply memorandum of law (NYSCEF Doc. No. [NYSCEF] 751)

2. May 9, 2025, email chain (NYSCEF 782)

3. Affirmation of Brian Anderson (NYSCEF 803)

4. Affirmation of David Ekes (NYSCEF 824)

5. Affirmation of Michael McCray (NYSCEF 845)

1 A publicly redacted version is filed at NYSCEF 76. 2 A publicly redacted version is filed at NYSCEF 79. 3 A publicly redacted version is filed at NYSCEF 81.

4 A publicly redacted version is filed at NYSCEF 83.

5 A publicly redacted version is filed at NYSCEF 85.

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6. Affirmation of Richard Duncan (NYSCEF 866)

7. Affirmation of Richard Michaels (NYSCEF 887)

8. Affirmation of Richard Nocella (NYSCEF 908)

9. Affirmation of Stephen Murray (NYSCEF 929)

10. Affirmation of Brian Glod (NYSCEF 9410)

The motion is unopposed. There is no indication that the press or public have an

interest in this matter.

Legal Standard

“Under New York law, there is a broad presumption that the public is entitled to

access to judicial proceedings and court records.” (Mosallem v Berenson, 76 AD3d

345, 348 [1st Dept 2010] [citations omitted].) The public’s right to access is, however,

not absolute, and under certain circumstances, “public inspection of court records has

been limited by numerous statutes.” (Id. at 349.) For example, §216.1 (a) of the

Uniform Rules for Trial Courts empowers courts to seal documents upon a written

finding of good cause and provides:

“Except where otherwise provided by statute or rule, a court shall not enter an order in any action or proceeding sealing the court records, whether in whole or in part, 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 appropriate notice and opportunity to be heard.” (Uniform Rules for Trial Cts [22 NYCRR] § 216.1.)

6 A publicly redacted version is filed at NYSCEF 87. 7 A publicly redacted version is filed at NYSCEF 89. 8 A publicly redacted version is filed at NYSCEF 91.

9 A publicly redacted version is filed at NYSCEF 93.

10 A publicly redacted version is filed at NYSCEF 95.

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The “party seeking to seal court records has the burden to demonstrate

compelling circumstances to justify restricting public access” to the documents.

(Mosallem, 76 AD3d at 349 [citations omitted].) Good cause must “rest on a sound

basis or legitimate need to take judicial action.” (Danco Lab Ltd. v Chemical Works of

Gedeon Richter, Ltd., 274 AD2d 1, 8 [1st Dept 2000] [internal quotation marks omitted].)

Discussion

Marsh seeks to seal NYSCEF 75, 78, 80, 82, 84, 86, 88, 90, 92 and 94, asserting

that those documents contain the identities of Marsh’s clients, prospective clients, and

the names of high-level employees of those clients, which if disclosed would harm their

competitive business advantage. In the business context, courts have sealed records

where the disclosure of documents “could threaten a business's competitive

advantage.” (Mosallem, 76 AD3d at 350-351 [citations omitted].) The proposed

redactions are warranted as disclosure of the clients’ names and contact individuals

may threaten the competitive advantage of defendants who are in the business of

insurance brokerage. Additionally, there appears to be no compelling public interest in

these names.

Accordingly, it is

ORDERED that motion sequence 008 is granted; and it is further

ORDERED that the County Clerk, upon service of this order, is directed to seal

NYSCEF 75, 78, 80, 82, 84, 86, 88, 90, 92 and 94; and it is further

ORDERED that the County Clerk shall restrict access to the sealed documents

with access to be granted only to authorized court personnel and designees, the parties

and counsel of record in this action, and any representative of a party or of counsel of

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record upon presentation to the County Clerk of written authorization from counsel; and

it is further

ORDERED that movants shall serve a copy of this order on the County Clerk in

accordance with the procedures set forth in the Protocol on Courthouse County Clerk

Procedures for Electronically Filed Cases (accessible at the “E-Filing” page on the

court’s website at the address www.nycourts.gov/supctmanh); and it is further

ORDERED that if any party seeks to redact identical information in future filings

that the court is permitting to be redacted here, that party shall submit a proposed

sealing order to the court (via SFC-Part48@nycourts.gov and NYSCEF) instead of filing

another seal motion; and it is further

ORDERED that this order does not authorize sealing or redacting for the

purposes of trial or other court proceedings on the record, e.g. arguments on motions.

6/15/2025 DATE ANDREA MASLEY, J.S.C. CHECK ONE: CASE DISPOSED X NON-FINAL DISPOSITION

□ X GRANTED DENIED GRANTED IN PART OTHER

APPLICATION: SETTLE ORDER SUBMIT ORDER

□ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE

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