Carl B. Nusbaum, Inc. v. Calale

The judgment creditor has moved this court for an order punishing William J. Dillon, a garnishee, who was served with a copy of the execution issued against the judgment debtor. The judgment creditor, in his moving papers, alleges that the said garnishee willfully failed to turn over to the Sheriff funds in his possession which were the property of the judgment debtor. The garnishee denies that the property in his hands was that of the judgment debtor.

CPLR 5251 provides that the failure of any person to comply with any such restraining notice shall be punishable as a con*904tempt of court. In the…