Waheed v. Barar

2026 NY Slip Op 30689(U)
CourtNew York Supreme Court, New York County
DecidedFebruary 25, 2026
DocketIndex No. 800002/2025
StatusUnpublished
AuthorJohn J. Kelley

This text of 2026 NY Slip Op 30689(U) (Waheed v. Barar) is published on Counsel Stack Legal Research, covering New York Supreme Court, New York County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Waheed v. Barar, 2026 NY Slip Op 30689(U) (N.Y. Super. Ct. 2026).

Opinion

Waheed v Barar 2026 NY Slip Op 30689(U) February 25, 2026 Supreme Court, New York County Docket Number: Index No. 800002/2025 Judge: John J. Kelley 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.

file:///LRB-ALB-FS1/Vol1/ecourts/Process/covers/NYSUP.8000022025.NEW_YORK.001.LBLX049_TO.html[03/09/2026 3:45:58 PM] FILED: NEW YORK COUNTY CLERK 02/27/2026 09:46 AM INDEX NO. 800002/2025 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 02/25/2026

SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. JOHN J. KELLEY PART 56M Justice ---------------------------------------------------------------------------------X INDEX NO. 800002/2025 SEHRA WAHEED, 12/12/2025 Plaintiff, 01/13/2026 01/13/2026 MOTION DATE 01/13/2026 -v- DR. SONYA BARAR, M.D, THE MOUNT SINAI HEALTH 005, 006, 007, SYSTEM, INC., THE MOUNT SINAI BETH ISRAEL, MOTION SEQ. NO. 008 HOSPITAL UNION SQUARE, and BETH ISRAEL COMPREHENSIVE CANCER CENTER WEST CAMPUS BE1, DECISION + ORDER ON MOTION Defendants. ---------------------------------------------------------------------------------X

The following e-filed documents, listed by NYSCEF document number (Motion 005) 122, 123, 124, 125, 126, 130, 131, 132, 139, 146, 149, 150, 151, 163, 165, 166, 167, 168, 169, 170, 171, 172, 173, 174 were read on this motion to/for SEAL/REDACT .

The following e-filed documents, listed by NYSCEF document number (Motion 006) 133, 134, 137, 140, 142, 143, 147, 152, 153, 154, 183, 184, 185, 186, 187, 188, 189, 190, 191, 192, 193 were read on this motion to/for INQUEST .

The following e-filed documents, listed by NYSCEF document number (Motion 007) 135, 136, 138, 141, 144, 148, 155, 156, 157, 175, 176, 177, 194, 195, 196, 197, 198 were read on this motion to/for VACATE - DECISION/ORDER/JUDGMENT/AWARD .

The following e-filed documents, listed by NYSCEF document number (Motion 008) 158, 159, 161, 162, 164, 178, 179, 180, 181, 182, 199, 200, 201, 202, 203 were read on this motion to/for REFER TO ANOTHER JUDGE .

In this action to recover damages for medical malpractice based on alleged departures

from good and accepted practice, lack of informed consent, assault and battery, and negligent

and intentional infliction of emotional distress, the plaintiff moves pursuant to 22 NYCRR

216.1(a) to redact, from all prior orders and written decisions, any language referencing lawsuits

that she had commenced that were unrelated to the instant action, her personal character, or

800002/2025 WAHEED, SEHRA vs. DR. SONYA BARAR, M.D ET AL Page 1 of 11 Motion No. 005 006 007 008

1 of 11 [* 1] FILED: NEW YORK COUNTY CLERK 02/27/2026 09:46 AM INDEX NO. 800002/2025 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 02/25/2026

her litigation history (MOT SEQ 005). The defendants oppose that motion. The plaintiff

separately moves to strike the defendants’ answer, and thereupon for leave to enter a default

judgment against them on the issue of liability (MOT SEQ 006). The defendants oppose that

motion, and cross-move pursuant to 22 NYCRR 130-1.1(a) for the imposition of sanctions upon

the plaintiff for alleged frivolous litigation conduct, and to prohibit her from making any additional

frivolous motions in connection with the dispute underlying this action. The plaintiff opposes the

cross motion. In addition, the plaintiff moves pursuant to CPLR 2221(a), 5015(a), 5019, and

5525, among other things, to (a) vacate this court’s three September 15, 2025 orders,

respectively granting the defendants’ motion to dismiss the complaint as time-barred, denying

her motion to disqualify the defendants’ counsel from representing them, and denying, as

academic, her motion for leave to serve and file an amended complaint, (b) correct the record of

documents in this action that have been uploaded to the New York State Court Electronic Filing

(NYSCEF) system, (c) settle a transcript of proceedings, and (d) afford her accommodations

pursuant to the Americans With Disabilities Act (42 USC §§ 12131, et seq.; hereinafter the

ADA) (MOT SEQ 007). The defendants oppose that motion. Moreover, the plaintiff additionally

moves for the recusal of this court, and the reassignment of this action to another justice (MOT

SEQ 008). The defendants oppose that motion as well. The plaintiffs’ motions under Motion

Sequences 005, 006, 007, and 008 are denied. The defendants’ cross motion under Motion

Sequence 006 is granted only to the extent that the plaintiff is prohibited from making any

further motions or applications to this court concerning the instant dispute without prior written

approval of the court, and the cross motion is otherwise denied.

As the court explained in its November 26, 2025 order denying the plaintiff’s motion

under Motion Sequence 004 to seal certain docket entries in this action, “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]), and that, although the public’s

right to access is not absolute (see Danco Labs. v Chemical Works of Gedeon Richter, Ltd., 274 800002/2025 WAHEED, SEHRA vs. DR. SONYA BARAR, M.D ET AL Page 2 of 11 Motion No. 005 006 007 008

2 of 11 [* 2] FILED: NEW YORK COUNTY CLERK 02/27/2026 09:46 AM INDEX NO. 800002/2025 NYSCEF DOC. NO. 210 RECEIVED NYSCEF: 02/25/2026

AD2d 1, 6 [1st Dept. 2000]), “[t]he presumption of the benefit of public access to court

proceedings takes precedence, and sealing of court papers is permitted only to serve

compelling objectives, such as when the need for secrecy outweighs the public’s right to

access” (Applehead Pictures, LLC v Perelman, 80 AD3d 181, 191 [1st Dept 2010]; see Matter of

East 51st St. Crane Collapse Litig., 106 AD3d 473, 474 [1st Dept 2013]; Danco Labs. v

Chemical Works of Gedeon Richter, Ltd., 274 AD2d at 6; see also Schulte Roth & Zabel, LLP v

Kassover, 80 AD3d 500, 501-502 [1st Dept 2011]). As the court further explained, neither a

party’s embarrassment nor a general desire for privacy is sufficient, of itself, to establish good

cause for sealing a court file (see Matter of Holmes v Winter, 110 AD3d 134, 138 [1st Dept

2013], revd other grounds 22 NY3d 300 [2013]; Mosallem v Berenson, 76 AD3d at 351; Liapakis

v Sullivan, 290 AD2d 393, 394 [1st Dept 2002]; Matter of Benkert, 288 AD2d 247, 247 [1st Dept

2001]; Matter of Hofmann, 284 AD2d 92, 93 [1st Dept 2001]). For the same reasons

underpinning that determination, the court concludes that statements in those orders concerning

the plaintiff’s litigation history, even if somehow embarrassing to her, are not the type of

statements for which sealing or redaction would be warranted, and that they were relevant to

the disposition of the motions in any event because she raised them herself the papers that she

submitted in opposition to the dismissal motion, rather than addressing the statute of limitations

issue. Moreover those determinations included no statements impugning the plaintiff’s personal

character. Hence, the plaintiff’s motion pending under Motion Sequence 005 must be denied.

The court concludes that the plaintiff has advanced no plausible basis for the striking of

any answer, since the defendants never served and filed an answer, but instead made a pre-

answer to dismiss the complaint. Nor were they in default of any deadline or other obligation to

serve and file papers.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Berger v. United States
255 U.S. 22 (Supreme Court, 1921)
Woodson v. Mendon Leasing Corp.
790 N.E.2d 1156 (New York Court of Appeals, 2003)
Setters v. AI Properties & Developments (USA) Corp.
139 A.D.3d 492 (Appellate Division of the Supreme Court of New York, 2016)
People v. Glynn
999 N.E.2d 1137 (New York Court of Appeals, 2013)
Holmes v. Winter
3 N.E.3d 694 (New York Court of Appeals, 2013)
Board of Education v. Farmingdale Classroom Teachers Ass'n
343 N.E.2d 278 (New York Court of Appeals, 1975)
People v. Moreno
516 N.E.2d 200 (New York Court of Appeals, 1987)
Modica v. Modica
15 A.D.3d 635 (Appellate Division of the Supreme Court of New York, 2005)
In re Alizia McK.
25 A.D.3d 429 (Appellate Division of the Supreme Court of New York, 2006)
American Audio Service Bureau Inc. v. AT & T Corp.
33 A.D.3d 473 (Appellate Division of the Supreme Court of New York, 2006)
People v. Grasso
49 A.D.3d 303 (Appellate Division of the Supreme Court of New York, 2008)
Sarkar v. Pathak
67 A.D.3d 606 (Appellate Division of the Supreme Court of New York, 2009)
Mazinov v. Rella
79 A.D.3d 979 (Appellate Division of the Supreme Court of New York, 2010)
Applehead Pictures LLC v. Perelman
80 A.D.3d 181 (Appellate Division of the Supreme Court of New York, 2010)
Ul Haque v. Daddazio
84 A.D.3d 940 (Appellate Division of the Supreme Court of New York, 2011)
Foley v. Roche
68 A.D.2d 558 (Appellate Division of the Supreme Court of New York, 1979)
Komolov v. Segal
96 A.D.3d 513 (Appellate Division of the Supreme Court of New York, 2012)
Pro Brokerage, Inc. v. Home Insurance
99 A.D.2d 971 (Appellate Division of the Supreme Court of New York, 1984)
Schneider v. Solowey
141 A.D.2d 813 (Appellate Division of the Supreme Court of New York, 1988)
William P. Pahl Equipment Corp. v. Kassis
182 A.D.2d 22 (Appellate Division of the Supreme Court of New York, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
2026 NY Slip Op 30689(U), Counsel Stack Legal Research, https://law.counselstack.com/opinion/waheed-v-barar-nysupctnewyork-2026.