Vacca v. Valerino

Order unanimously affirmed with costs. Memorandum: Plaintiffs moved for an order holding defendants in contempt of the order of Justice Inglehart, which required defendants to build a retaining wall. The matter came before Justice Mordue, who denied the motion on the ground that the order, which embodied a stipulation of the parties, contained a provision for liquidated damages in the event the agreement to build the retaining wall was not performed.

Plaintiffs argue first that Justice Mordue erred in not referring the contempt motion to Justice Inglehart. We disagree. CPLR 2221 (a) does not…