Kind of niche question here but under NY CPLR, if a plaintiff files a MTD/MSJ, and then the defendants file opposition papers containing information that the court had previously ordered to be kept under seal, would you a) file a reply asking to seal/strike the opposition papers or b) file a separate OTSC since you’re now seeking additional relief not sought in the original motion?

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My first step would be reaching out to opposing counsel to let them know of the issue. They should be the ones to fix it.

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You can file a request for restricted status (https://iappscontent.courts.state.ny.us/NYSCEF/live/forms/request.for.restricted.status.pdf) and then call the county clerk to ask them to put those papers under seal.

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Just interested in thoughts on pros/cons/overall strategy

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