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NOTICE OF ENTRY
NYSCEF document #45 | Filed: 2026-10-09 | Filed by: GIUFFRA, THOMAS P Filed: Received: | Docket status: Processed Confirmation Notice | Source: NYSCEF, New York County Supreme Court | SHA-256: eb4c1eb88630416a87ccf4786cee813f4767cda7b071801f9df824dfb453a92a
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1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
JANE DOE,
Index No.: 161704/2026
ORDER WITH NOTICE
OF ENTRY
Plaintiff,
-against-
CORNELL UNIVERSITY, INC., CHI PHI CHAPTER
HOUSE ASSOCIATION, CHI PHI FRATERNITY, INC., CHI
PHI EDUCATIONAL TRUST, ALPHA BETA HOUSE
CORPORATION OF DELTA DELTA DELTA, DELTA
DELTA DELTA SORORITY, ZAREEN ENTERPRISE LLC
d/b/a MOONIES BAR & NIGHTCLUB, MATTHEW
INGALLS, JOHNATHAN NEWELL, WINSTON LEE,
GILLIO LOPES, DIEGO SARABIA, SCOTT NORRIS,
SCOTT KRETZSCHMAR, JOHN DOE (FACULTY), JOHN
DOE (ALUMNI), JOHN DOES (EXECUTIVE BOARD), and
ORAZIO PETITO,
Defendants.
COUNSELORS:
PLEASE TAKE NOTICE, that annexed hereto, is a true copy of the Sua Sponte Decision
and Order of the Honorable Phaedra F. Perry-Bond, Justice of the Supreme Court, New York
County, dated October 9, 2026 and duly entered in the office of the Clerk of the Supreme Court,
New York County on October 9, 2026.
Dated: New York, New York
October 9, 2026
RHEINGOLD GIUFFRA RUFFO
PLOTKIN & HELLMAN LLP
Attorneys for Plaintiff
By: _____________________________
Thomas P. Giuffra, Esq.
551 Fifth Avenue, 29th Floor
New York, NY 10176
FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 45
RECEIVED NYSCEF: 10/09/2026
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2
(212) 684-1880
TO:
THE LAMA LAW FIRM, LLP
Attorneys for the Defendant
Zareen Enterprise, LLC, d/b/a
Moonies Bar and Nightclub
2343 North Triphammer Road
Ithaca, New York 14850
NESENOFF & MILTENBERG, LLP
Attorneys for Defendant
Gillio Lopes
363 Seventh Avenue, 5th Floor
New York, New York 10001
HACKER MURPHY, LLP
Attorneys for Defendant
Diego Sarabia
22 Corporate Woods Blvd., Suite 404
Albany, New York 12211
BUSHELL, SOVAK, KANE & SASH LLP
Attorneys for Defendant
Scott Kretzschmar
274 Madison Avenue
Suite 1401
New York, New York 10016
SALAND LAW P.C.
Attorneys for Defendant
Scott Kretzschmar
274 Madison Avenue
Suite 1401
New York, New York 10016
ERIC R. BERNSTEIN, P.C
Attorney for Defendant
Orazio Petito
260 Madison Avenue 15th floor
New York, New York 10016
FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 45
RECEIVED NYSCEF: 10/09/2026
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3
DEFENDANTS WHO HAVE NOT APPEARED:
Cornell University, Inc.
Chi Phi Chapter House Association
Chi Phi Fraternity, Inc.
Chi Phi Educational Trust
Alpha Beta House Corporation of Delta Delta Delta
Delta Delta Delta Sorority
Matthew Ingalls
Johnathan Newell
Winston Lee
Scott Norris
John Doe (Faculty)
John Doe (Alumni)
John Does (Executive Board)
Addresses omitted pursuant to the Court's sealing and redaction order dated October 9,
2026.
FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 45
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SUPREMECOURTOFTHESTATEOFNEWYORK
NEWYORKCOUNTY
PRESENT:
HON. PHAEDRAF. PERRY-BOND
PART
35
Justice
______________________________________________Ç
JANEDOE,
INDEXNO.
161704/2026
Plaintiff,
- v -
CORNELLUNIVERSITY, INC.,CHI PHI CHAPTERHOUSE
Sua Sponte Decision
and Order
ASSOCIATION, CHI PHI FRATERNITY, INC.,CHI PHI
Directing
Sealing
of Certain
EDUCATIONALTRUST, ALPHABETAHOUSE
Documents
CORPORATIONOFDELTADELTADELTA, DELTADELTA
DELTASORORITY, ZAREENENTERPRISE
LLC,MATTHEWINGALLS, JOHNATHANNEWELL,
WINSTONLEE, GILLIO LOPES, DIEGOSARABIA, SCOTT
NORRIS, SCOTTKRETZSCHMAR,JOHNDOE, JOHN
DOE, JOHNDOES, and ORAZIOPETITO,
Defendants.
______________________________________________Ç
The Court,
on its own motion,
sua sponte
directs
the County Clerk
to seal NYSCEFDoes.
1,
6,
7, and 22, which
contain
the parties'
purported
addresses,
and in the case of NYSCEFDoc.
6, erroneously
listed
a non-party's
address.
Once those documents are
sealed,
plaintiff
is directed
to
refile
redacted
versions
of those
documents
omitting
the
parties'
addresses.
Ordinarily,
the
Court does not sua sponte
seal
public
documents due to
the presumption
of openness in
civil
litigation.
However,
the extraordinary
events which have followed
the filing
of this
action
warrant
this
relief.
The First
Department
has held
that
trial
courts
must exercise
their
discretion
to
limit
the
public
nature
of
proceedings
sparingly,
and
only
when unusual
circumstances
so
require
(Anonymous v Anonymous, 27 AD3d356, 361 [1st Dept 2006]).
That is because court
dockets
are
presumptively
open to the
public.
The presumption
of openness exists
for
several
reasons:
it
is
believed
that
open proceedings
are a disinfectant
against
injustice,
incompetence,
perjury,
and
Pan 1 oM
FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 44
RECEIVED NYSCEF: 10/09/2026
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fraud
(Danco Laboratories,
Ltd
v Chemical
Works of GedeonRichter,
Ltd,
274 AD2d 1, 7 [1st
Dept 2000]).
Thus, when considering
whether
to
seal
certain
documents, the Court must "use
its
discretion
in
balancing
[parties']
privacy
interest[s]
against
the presumption
in
favor
of open
trials."
(Anonymous v Lerner,
124 AD3d487 [1st Dept 2015]).
In this
case, unusual circumstances
certainly
require
sealing
certain
documents, including
a request
for
judicial
intervention
filed
by the plaintiff,
in which a purportedly
erroneous
address
has been included
leading
a non-party's
family
to be threatened
and doxed.1
This Court
strongly
condemns the reported
acts
of
threats
and doxing,
which
can only
be characterized
as brash,
reckless,
and ultimately
dangerous internet
vigilantism.
Our society
has developed procedures
and
legal
mechanisms over the course of centuries
to ensure justice
and due process
are afforded
to
all.
Whencertain
actors
decide
to work outside
those
robust
and developed
frameworks,
innocent
people
often
get hurt.
That is precisely
what has happened here.
Certain
"vigilantes"
have used an
erroneous
address
to inundate
a former marine and his
family
with
threats,
simply
because of a
name shared with a defendant
in
this
case.
That behavior
must cease immediately,
is completely
unacceptable,
and provides
more than
ample cause
to
seal
certain
documents
on this
Court's
docket.
The Court takes the complaint's
allegations
extremely
seriously
and appreciates
attorneys'
zealous advocacy on behalf
of all
parties.
However, everyone involved,
be it the public,
parties,
or
their
attorneys,
needs to do their
part
in bringing
the temperature
down before
someonegets
hurt.
This
Court holds
the
rule
of law and due process
sacrosanct
and deeply
appreciates
that
public
debate
on pertinent
issues
is a quintessential
cornerstone
of our democracy.
However,
public
debate
should
never become so heated
that
people engage in misguided
vigilantism
to
the point
1 Doxing is the publishing
of private
or identifying
information
about a particular
individual
on the
internet,
typically
with malicious
intent.
Page 2 of 3
FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM
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NYSCEF DOC. NO. 44
RECEIVED NYSCEF: 10/09/2026
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that
individuals,
whether a party
to litigation
or mistakenly
identified
as a party,
becomeinundated
with
malicious
threats,
or even worse,
are physically
harmed. In that
situation,
which
is the point
we are reaching
here,
the legal
processes we as a society
subscribe
to are impeded. Therefore,
the
Court sua sponte
directs
the County Clerk to seal NYSCEFDocs.
1, 6-7 and 22 as those documents
contain
personal
identifying
information
of
parties
and non-parties
which
have been used by
certain
observers
to maliciously
threaten
and intimidate.2
Accordingly,
it
is hereby,
ORDERED
that
the Court sua sponte
seals
seal NYSCEFDoes. 1, 6-7 and 22 in accordance
with
the accompanying
sealing
order;
and it
is further
ORDERED
that
plaintiff
is directed
to re-file
redacted
versions
of NYSCEFDoes.
1, 6-7
and 22 with the parties'
purported
addresses
redacted
from those documents; and it
is further
ORDERED
that
upon notice
of entry
of this
decision
and order
and the accompanying
sealing
order,
the County Clerk
shall
immediately
seal NYSCEFDoes.
1, 6-7 and 22.
This
constitutes
the Decision and Order of the Court
DATE
HON.PHAEDRA
F. PERRY-BOND,J.S.C.
CHECKONE:
CASEDISPOSED
x
NON-FINALDISPOSITION
GRANTED
DENIED
GRANTED
IN PART
OTHER
APPLICATION:
SETTLEORDER
SUBMITORDER
CHECK
IF APPROPRIATE:
INCLUDESTRANSFER/REASSIGN
FIDUCIARYAPPOINTMENT
REFERENCE
2 The Court
is mindful
that
this
information
is highly
likely
to already be disseminated
on the
intemet.
However,
the
Court
issues
this
decision
and order to do its
part
in mitigating
the risk
of harm and to caution
all
involved,
whether
parties
or not,
to act accordingly.
Page 3 of 3
FILED: NEW YORK COUNTY CLERK 10/09/2026 12:13 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 44
RECEIVED NYSCEF: 10/09/2026
3 of 3
FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 45
RECEIVED NYSCEF: 10/09/2026
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SUPREMECOURTOFTHESTATEOFNEWYORK
NEWYORKCOUNTY
PRESENT:
HON. PHAEDRAF. PERRY-BOND
PART
35
Justice
______________________________________Ç
JANEDOE,
INDEXNO.
161704/2026
Plaintiff,
- v -
CORNELLUNIVERSITY, INC.,CHI
PHI CHAPTERHOUSE
ASSOCIATION, CHI PHI FRATERNITY, INC.,CHI PHI
EDUCATIONALTRUST, ALPHABETAHOUSE
CORPORATIONOFDELTADELTADELTA, DELTADELTA
DELTASORORITY,ZAREENENTERPRISE
LLC,MATTHEWINGALLS, JOHNATHANNEWELL,
WINSTONLEE, GILLIO LOPES, DIEGOSARABIA, SCOTT
NORRIS, SCOTTKRETZSCHMAR,JOHNDOE, JOHN
DOE, JOHNDOES, and ORAZIOPETITO,
Defendants.
________________________________________Ç
As explained
in the accompanying memorandum opinion
the court,
having determined,
in
accordance with Part 216 of the Uniform
Rules for
the Trial
Courts,
that
good cause exists
for
the
sealing
in part
of the file
in this
action
and the grounds therefore
having been specified,
it
is now
ORDERED
that
the Clerk of the Court
is directed,
upon notification
of this
order from the
Court's
staff,
to immediately
seal NYSCEFDoc.
1 (the summonsand complaint),
NYSCEFDoc.
6 (the request
for judicial
intervention),
NYSCEFDoc. 7 (the addendumto the request
for judicial
intervention),
and NYSCEFDoc.
22
(the
amended request
for
judicial
intervention),
and to
separate
these documents and to keep them separate from the balance
of the file
in this
action;
and
it
is further
SEALING ORDER- NON-MOTION
Pane1of2
INDEX NO. 161704/2026
NYSCEF DOC. NO. 43
RECEIVED NYSCEF: 10/09/2026
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FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
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RECEIVED NYSCEF: 10/09/2026
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--- Page 8 ---
ORDERED
that
thereafter,
or until
further
order
of the court,
the Clerk of the Court shall
deny access to the said
sealed documents to anyone (other
than the staff
of the Clerk or the
court)
except
for
counsel
of record
for any party
to this
case and any party.
DATE: 10/9/2026
PHAEDRAF. PERRY-BOND,JSC
Check One:
Case Disposed
Non-Final
Disposition
Check if Appropriate:
Other (Specify
Sealing
Order
)
Page 2 of 2
INDEX NO. 161704/2026
NYSCEF DOC. NO. 43
RECEIVED NYSCEF: 10/09/2026
2 of 2
FILED: NEW YORK COUNTY CLERK 10/09/2026 02:28 PM
INDEX NO. 161704/2026
NYSCEF DOC. NO. 45
RECEIVED NYSCEF: 10/09/2026
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PUBLIC DISCUSSION
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