No Pseudonymity and Sealing in Wrongful Death Lawsuit Over Man’s Apparent Suicide, Despite …
From Wednesday’s decision by Manhattan trial judge Hasa Kingo in C.D. v. City of New York:
Petitioner C.D. (“Petitioner”), as administrator of the estate of C.L. (“Decedent”) … requests permission to proceed under a pseudonym and to seal this proceeding, citing the sensitive nature of the circumstances and the potential for undue harm to Decedent’s surviving children should these matters become public. {Notably, two of Decedent’s surviving children are adults, and a third child is fourteen years old.} … [T]he court … denies the motion to proceed anonymously and under seal….
On November 8, 2024, C.L. experienced a mental health crisis and was transported by an EMS ambulance to Bellevue Hospital. He was admitted and passed away less than 24 hours later on November 9, 2024. The petition alleges that Respondents departed from accepted medical standards, resulting in C.L.’s death. Petitioner, Decedent’s widow and proposed administrator of his estate, asserts claims of medical malpractice and wrongful death….
New York law strongly presumes that court proceedings should be open to the public, reflecting a fundamental principle of judicial transparency and accountability…. “Confidentiality is clearly the exception, not the rule, and the party seeking to seal court records has the burden to demonstrate compelling circumstances.” This presumption ensures that the judicial process is conducted fairly and efficiently, while fostering public trust in the legal system.
Petitioner’s request for anonymity and sealing is predicated on concerns about public embarrassment and potential harm to Decedent’s surviving children. While the court is deeply sympathetic to the family’s loss, such sympathy cannot supplant the rigorous legal standards required to justify sealing or anonymity….
[A] plaintiff seeking to proceed under a pseudonym must establish that their privacy interest outweighs the presumption of openness and that disclosure will result in specific, identifiable
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