Scarsdale businessman Howard Martin has refused to identify assets, a California investment company claims, that could be used to pay off a 6-year-old debt of nearly $1.7 million.
RCB Equities #3 of Los Angeles petitioned Westchester Supreme Court on Oct. 6 to enforce subpoenas that were issued to Martin and seven companies that it believes Martin, or one of his relatives, controls or manages.
“Martin has evaded payment,” the petition states, and he and his companies have refused to comply with the subpoenas.
In 1997, a Martin company borrowed $750,000 for the Skyline Woods Apartments in Saugerties, Ulster County. He later refinanced and borrowed more, consolidating the debts into a $2.15 million loan.
He personally guaranteed the consolidated loan, according to RCB Equities.
Skyline and Martin defaulted on the consolidated loan in 2010, according to court documents. RCB won a summary judgment against Skyline. A separate bench trial was held in 2014 in U.S. District Court, Albany, to determine Martin”™s liability.
Martin argued that he did not sign the guarantee.
U.S. District Judge Mae A. D”™Agostino found that the preponderance of evidence proved that the signature on the guarantee is Martin”™s.
“His admitted lack of recollection and knowledge regarding the documents and events central to this dispute undermined the persuasiveness of much of his testimony,” she ruled.
He provided “no explanation as to how his signature appeared on the document, if he did not sign it. He produced no evidence of a forgery.”
She issued a judgment of $1,960,708, plus costs and interest, totaling $2,294,103.
Now, RCB claims, $1,673,623 remains unpaid.
RCB served subpoenas to Martin and his companies in July, “in order to obtain basic financial information,” the petition states, “and locate assets that can be used to pay the judgment.”
Neither Martin nor his companies have answered, according to the petition, so RCB wants the court to make them respond.
The businesses have addresses at houses at 529 Rockland Ave. and 911 Mamaroneck Ave., Mamaroneck, and 41 Iselin Drive, New Rochelle.
The companies include 118 West Boston Post Realty Corp., All These Brand Names Inc., D.W.A.I. Consulting Inc., Enviro-Watch Inc., Phil McCrackin Inc., Phil McCrackin Masonry Inc. and Rockwave Inc.
RCB is represented by Manhattan attorneys David A. Piedra and Jay R. Speyer.
