Best v. 2170 5th Avenue Corp.

Order, Supreme Court, Bronx County (Mary Ann BriganttiHughes, J.), entered on or about January 4, 2008, which to the extent appealed from as limited by the brief, denied defendant’s motion to unseal plaintiffs criminal court file, unanimously reversed, on the law, with costs, and the motion granted.

Where an individual, who has records that would otherwise be kept sealed under Criminal Procedure Law § 160.50, affirmatively places the underlying conduct at issue by bringing a civil suit, the statutory protection afforded by section 160.50 is waived, as the privilege, which is intended to…