In a decision dated February 24, 2009 relating to an action for dissolution of the defendant law firm, Justice Lowe rejected plaintiff’s argument that the defendant’s surrender of the firm’s insurance policy on his life to a third party bank to pay down a letter of credit violated a previously entered consensual temporary restraining order which prohibited the defendant, its employees, servants, agents, attorneys, or any other person acting in concert with it, from assigning, transferring or disposing of any. In denying plaintiff’s motion to hold defendant in contempt of court, the court found: (1) the bank was not served with a copy of the TRO as required under CPLR § 5104; (2) plaintiff failed to present any evidence that the bank had knowledge of the TRO; (3) defendant surrendered the life insurance policy one month before the court entered the TRO and therefore there was no “lawful order of the court clearly expressing an unequivocal mandate”; (4) plaintiff failed to establish that the surrender of the life insurance policies was outside the ordinary course of business; and (5) plaintiff failed to establish that his rights were prejudiced.