Document Type


Publication Date



Defendants-appellants Leonard S. Elman and Berger Steingut Tarnoff & Stern, the law firm of which Elman is a member (collectively, the "Firm"), appeal from an order of the United States District Court for the Southern District of New York (Wood, J.) granting a preliminary injunction in favor of plaintiff-appellee The Resolution Trust Corporation ("RTC"). The injunction ordered appellants to transfer to the RTC certain files ("Files") relating to appellants' former client, Central Federal Savings Bank ("Bank"). See The Resolution Trust Corp. v. Elman, 761 F.Supp. 245, 250 (S.D.N.Y.1991). Appellants contend that they possessed a valid attorney's retaining lien against the Files under New York law, and that the district court's issuance of an injunction that effectively destroyed their lien was without basis in federal law.

For the reasons that follow, we hold that the district court did not abuse its discretion in issuing the injunction.


949 F.2d 624 (1991)

The RESOLUTION TRUST CORP., Plaintiff-Appellee,


Leonard S. ELMAN; Berger, Steingut, Tarnoff & Stern, Defendants-Appellants.

No. 126, Docket 91-7448. United States Court of Appeals, Second Circuit.

Argued September 12, 1991. Decided November 26, 1991.

New York Law School location: File #1307, Box #128