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Verde Elec. Corp. v. RailWorks Tr. LLC
Verde Elec. Corp. v RailWorks Tr. LLC 2026 NY Slip Op 31012(U) March 16, 2026 Supreme Court, New York County Docket Number: Index No. 656047/2025 Judge: Emily Morales-Minerva 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.6560472025.NEW_YORK.001.LBLX000_TO.html[03/24/2026 3:45:49 PM]
FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 656047/2025 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 03/16/2026
SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. EMILY MORALES-MINERVA PART 42M Justice -------------------------------------------------------------X INDEX NO. 656047/2025 VERDE ELECTRIC CORP., 03/04/2026, MOTION DATE 03/04/2026 Plaintiff,
MOTION SEQ. NO. 003 004 - V -
RAILWORKS TRANSIT LLC,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA & TRAVELERS CASUALTY AND SURETY COMPANY, LIBERTY MUTUAL INSURANCE COMPANY, BERKSHIRE HATHAWAY SPECIALTY INSURANCE COMPANY, ALLIANZ TRADE DECISION + ORDER ON (F/K/A EULER HERMES NORTH AMERICA INSURANCE MOTION COMPANY), NATIONWIDE MUTUAL INSURANCE COMPANY, MARKEL INSURANCE COMPANY
Defendants. ----------------------------------------------------------X
The following e-filed documents, listed by NYSCEF document number (Motion 003) 32, 33, 34, 35, 36, 37 were read on this motion to/for INJUNCTION/RESTRAINING ORDER
The following e-filed documents, listed by NYSCEF document number (Motion 004) 64, 65, 66, 67, 68, 69, 72, 73 were read on this motion to/for SEAL HON. EMILY MORALES-MINERVA, J.S.C.
Upon the foregoing documents, the Court grants defendant
RAILWORKS TRANSIT LLC's unopposed order to show cause (motion
sequence number 03) to seal exhibit 1 to the complaint (NYSCEF
Doc. No. 02), as well as defendant RAILWORKS TRANSIT LLC's
unopposed order to show cause (mot. seq. no. 04) to seal exhibit
B to plaintiff VERDE ELECTRIC CORP.'s opposition to motion
sequence number 07 (NYSCEF Doc. No. 54).
656047/2025 VERDE ELECTRIC CORP. vs. RAILWORKS TRANSIT LLC ET AL Page 1 of 4 Motion No. 003 004
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FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 656047/2025 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 03/16/2026
Pursuant to section 216.1 of the Uniform Rules for Trial
Courts, the Court may seal or redact a filing "upon a written
finding of good cause, which shall specify the grounds thereof"
(22 NYCRR § 216.1 [a]). "[T]he court shall consider the
interests of the interests of the public as well as of the
parties" in determining whether there is good cause (id.). The
party seeking to seal court records has the burden to set forth
compelling circumstances to justify restricting public access
and must demonstrate "a sound basis or legitimate need to take
judicial action" (Danco Labs, Ltd. v Chemical Works of Gedeon
Richter, 274 AD2d 1, 6 [1st Dept 2000]). "There is a broad
presumption that the public is entitled to access to judicial
proceedings and court records" (Mosallem v Berenson, 76 AD3d
345, 348-350 [1st Dept 2010]).
The Court has reviewed the filings that defendant seeks to
seal, and finds that defendant has established good cause to
seal said filings. The documents contain confidential
information pertaining to Metro-North Railroad's and Amtrak's
critical transportation infrastructure (see Mano Enterprises,
Inc. v Metropolitan Life Ins. Co., 2019 NY Slip Op 30357 [U]
[Sup Ct NY Cnty 2019]). Therefore, the proposed sealings are
warranted since there is no public interest in these documents
(see Mosallem, 76 AD3d at 350-51; Mancheski v Gabrielli Group
Capital Partners, 39 AD3d 499, 502 [2d Dept 2007]).
656047/2025 VERDE ELECTRIC CORP. vs. RAILWORKS TRANSIT LLC ET AL Page 2of4 Motion No. 003 004
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FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 656047/2025 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 03/16/2026
Accordingly, it is hereby
ORDERED that defendant's motion, by order to show cause
(sequence number 03) is granted entirely; it is further
ORDERED that defendant's motion, by order to show cause
(sequence number 04) is granted entirely; it is further
ORDERED that the County Clerk, upon service of this order,
is directed to seal NYSCEF Doc. Nos. 02 and 54; 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 record upon presentation to the County Clerk of written
authorization from counsel; it is further
ORDERED that defendant shall serve a copy of this order on
the County Clerk in accordance with the procedures set forth in
the Protocol on Courthouse and County Clerk Procedures for
Electronically Filed Cases (accessible at the "E-Filing" page on
the court's website; and it is further
ORDERED that the Clerk of Court shall mark the file
accordingly.
656047/2025 VERDE ELECTRIC CORP. vs. RAILWORKS TRANSIT LLC ET AL Page 3 of4 Motion No. 003 004
FILED: NEW YORK COUNTY CLERK 03/16/2026 02:45 PM INDEX NO. 656047/2025 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 03/16/2026
Footnotes
[3] of 4 [* 3] 3/16/2026 DATE ~ ~ CHECK ONE: CASE DISPOSED NON-FINAL DISPOSITION □ DENIED □ GRANTED GRANTED IN PART OTHER APPLICATION: SETTLE ORDER SUBMIT ORDER □ CHECK IF APPROPRIATE: INCLUDES TRANSFER/REASSIGN FIDUCIARY APPOINTMENT REFERENCE 656047/2025 VERDE ELECTRIC CORP. vs. RAILWORKS TRANSIT LLC ET AL Page4 of4 Motion No. 003 004 [* 4] 4 of 4