Munoz v. Tangier

This is a personal injury action seeking monetary damages for injuries sustained by plaintiff John Munoz on June 23, 2002, when he was allegedly attacked and assaulted. Co-defendant Tangier, LLC d/b/a Sugar ("Tangier") moves for an order, pursuant to Public Officers Law § 87 and CPLR § 3101(a)(4), directing the New York City Police Department to provide an unredacted copy of the criminal investigation file with respect to co-defendant Angel Rosado ("Rosado"), including the UF-61 Complaint against the defendant; DD-5 Follow Up Detective Reports; RAP sheet on the defendant; and witness statements. Tangier also seeks an order directing the New York County District Attorney to provide grand jury minutes, trial testimony and other records. Plaintiff cross-moves requesting the same relief. Defendant Rosado opposes the motions, arguing that the statutorily sealed records are exempt from disclosure and that disclosure "would constitute an unwarranted invasion of personal privacy." Also, the District Attorney opposes unsealing of the file, arguing that it is not permitted by statute and that movants have failed to follow required F.O.I.L. procedure and have applied to the wrong court for relief. Defendant Tangiers has replied, arguing that defendant Rosado has placed his conduct and the criminal records in issue in his answer, whereby he invoked an affirmative defense alleging plaintiffs damages were caused by his own wrongdoing and cross-claims asking for indemnification and contribution from Tangiers due to its wrongful conduct.