Consulate General of India in New York v. 834 5th Avenue Corporation

Background

On December 23, 2024, the Consulate General of India in New York filed the action. The complaint sought, among other relief, a declaration that the Consulate General had the right to build a fire exit between a building it owned at 3 East 64th Street in New York and an adjacent building. The opinion states that the Consulate General had not served the summons and complaint on the defendants, or, if service had occurred, had not filed proof of service.

Sealing request

The Consulate General asked the court to place the “case in entirety” under seal. Sealing restricts public access to court filings and proceedings. The request asserted generally that confidentiality and privacy supported sealing, and referred to unspecified threats made against the Consulate General in the past. The request acknowledged that those threats were not necessarily related to the case.

Ruling

The court held that the request did not explain particular reasons for sealing specific information, much less the entire case, as required by Rule 4.B.2 of the court’s Individual Rules and Practice in Civil Cases. The court also cited the public’s and press’s right of access to civil proceedings. Judge Paul A. Engelmayer denied the Consulate General’s request without prejudice to renewing it after complying with Rule 4.B.2. The order addressed only the sealing request and did not decide the underlying dispute about the proposed fire exit.