Justice Charles Ramos
A judgment in favor of judgment creditor Boyce was entered in this turnover proceeding against judgment debtor E.A. Technologies of over $2 million. Boyce issued a restraining notice directed at Battery Place Realty (BPR), and Willner, yet not a portion of the judgment has been paid. Boyce sued to compel BPR to turn over funds that may be utilized to satisfy the judgment claiming BPR sold its only asset, a penthouse apartment, in violation of the restraining notice, and transferred the proceeds to Willner. Boyce is no longer affiliated with either BPR or E.A. and it was E.A.’s failure to pay Boyce’s shares that resulted in the judgment against it. It was alleged BPR owed E.A. in connection with various loans, which were collateralized by properties, including the penthouse. The court, however, ruled respondents failed to offer any credible evidence to rebut the conclusion the promissory note was manufactured for the purpose of evading liability, finding Willner’s testimony not credible. It concluded the willful violations of the restraining notices by BPR and Willner constituted contempt of court, finding BPR and Willner each liable for all damages caused by these violations of the restraining notice, including the amount of the judgment.
