In Rodriguez v. Ford Motor Company, 301 A.D.2d 372 (1st Dept. 2003), a case is which the plaintiff was hit by a car being driven by one of the defendants, the First Department upheld the granting of the plaintiff's motion to unseal the record of the underlying criminal action against that defendant, which was terminated in his favor. The First Department reasoned that the defendant, "by denying that intoxication caused him to lose control of the car, and, by way of cross claim, seeking to put the blame for the accident on the car manufacturer, has affirmatively put the circumstances surrounding the driver's arrest and indictment in issue, and thus waived the protection afforded by CPL. 160.50." (Rodriguez, id.)