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.
Miner '56, Roger J., "Resolution Trust Corp. v. Elman, 949 F. 2d 624 - Court of Appeals, 2nd Circuit 1991" (1991). Circuit Court Opinions. 338.