I’d assume bare minimum would be
emails to every address you have for person (over a period of months)
certified letter to last address
simple google search (Eliza Kwon de Alvarez is not exactly common name, and she seems to have active social media presence) -hard to believe couldn’t contact
I’m sure there’s some language dealing with non-payment of storage fees, but holy hell what a mess. SO many other options in this regard, instead of putting oneself into legal jeopardy by disposing of the contents of the locker. One significantly smarter option would have been to ‘seize’ the contents in the store-owned locker (they always have them, for receiving shipments) and not release the contents until paid. Disposing of them is flat out idiocy
Kudos to my partner Asher Rubinstein, who obtained the original temporary restraining order against Chelsea in the Moriarty case. I would add, “after consulting with me on the legal issues associated with the appropriate requirements for dealing with a warehouseman’s lien claim under the Uniform Commercial Code,” but Asher did all the real work and deserves 100% of the credit.
Policies don’t get you very far. On the other hand, express legal requirements in New York impose specific obligations that are the subject of the lawsuit. Let’s just say that the legal papers alleged that Chelsea did some naughty things.
Jay, dumb legal question; what does the law say about disposing/selling in lieu of payment a (let’s say) $40,000 wine collection to settle a $5,000 debt?
Complicated question. Let’s just say that if I were advising a bank that was holding $40,000 of wine as collateral for a $5,000 loan, I would not advise the bank to blow it out to the first Yellow Tail lover who walks in the door and offers $5,000 for it.
You would have to look to (i) the terms of the contract between the storage business and the owner of the wine, as well as (ii) the law of the state, including the Uniform Commercial Code. Neither of these were favorable to Chelsea and neither allowed Chelsea to “dispose of” the wine. Part of the problem is that Chelsea wouldn’t state how the wine had been “disposed”, whether by selling it privately, selling it publicly at retail, selling it via auction, destroying it, drinking it, or otherwise. To your example, in general, a storage business is not allowed under the law to “dispose” of a wine collection worth $40,000 to settle a $5,000 debt, without undertaking various procedures (including, for instance, proper notice to the owner of the wine).