In Mahoney v. Turner Construction Co., 61 AD3d 101 (1st Dept. 2009), the court, notwithstanding a confidentiality provision, remanded the issue of disclosure of a settlement agreement to the trial court, for an in camera inspection, based on concerns that the plaintiff and settling defendants were improperly colluding, and based on the uncertainty as to whether the settling defendants planned on participating in the trial, and, if so, the reasons for their continued participation.