Domestic Relations Law 234
In Loderhose v. Loderhose (216 AD2d 275, 276, 627 NYS2d 453 [2d Dept 1995]) the Court held:
"Domestic Relations Law 234 authorizes a court to issue pendente lite injunctive relief in a marital action without requiring the movant to make the requisite showing normally required by CPLR article 63: irreparable harm and a likelihood of success on the merits (see, Taft v. Taft, 156 AD2d 444, 548 NYS2d 726; Leibowits v. Leibowits, 93 AD2d 535, 462 NYS2d 469).
However, a prerequisite to the issuance of such an order is a showing by the movant that the party to be restrained is ' "attempting or threatening to dispose of marital assets so as to adversely affect the movant's ultimate rights in equitable distribution" ' (Sacks v. Sacks, 181 AD2d 727, 728, 581 NYS2d 80; see also, Cohen v. Cohen, 142 A.D.2d 543, 530 NYS2d 213; Taft v. Taft, supra)."
While there is authority that requires a movant in a matrimonial action seeking to restrain a third party from transferring assets (see Kaplan v. Kaplan, 94 AD2d 788, 463 NYS2d 36 [2d Dept 1983]) to comply with the stricter requirements of CPLR 6301 et seq., under the facts of this case, the court finds that under either CPLR 6301 or Domestic Relations Law 234 the plaintiff has failed to demonstrate she is entitled to a temporary restraining order or preliminary injunction.
Domestic Relations Law 234 provides, in relevant part:
"In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may:
(1) determine any question as to the title to property arising between the parties, and;
(2) make such direction, between the parties, concerning the possession of property, as in the court's discretion justice requires having regard to the circumstances of the case and of the respective parties."