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NARIS v. HAMILTON

Index No. 29505/17. Appeal No. 14977. Case No. 2021-00600.

201 A.D.3d 439 (2022)

156 N.Y.S.3d 736

2022 NY Slip Op 00049

Nandranie Naris, Respondent, v. Andra Hamilton et al., Defendants, and Lufthansa Cargo Aktiengesellschaft, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided January 6, 2022.

Attorney(s) appearing for the Case

Nicoletti Hornig & Sweeney, New York (Guerric S.D.L. Russell of counsel), for appellant.

Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for respondent.

Concur—Webber, J.P., Friedman, Oing, Moulton, Kennedy, JJ.

Because the CSTS is designated as "Sensitive Security Information" under federal law (see 49 CFR 1520.5[b]), federal law prohibits Lufthansa from disclosing it without authorization from the relevant federal agency (see 49 CFR 1520.9[a]), subject to certain exceptions not relevant here. Supreme Court, in granting the motion to compel, should not have directed Lufthansa to disclose the CSTS in violation of federal law.

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