Opinion
March 25, 1996
Appeal from the Supreme Court, Nassau County (Brucia, J.).
Ordered that the judgment is affirmed, with costs.
The evidence in the record establishes that the defendant is guilty of civil contempt of court ( see, McCain v Dinkins, 84 N.Y.2d 216, 226). Since willfulness is not an element of civil contempt ( see, Walter Doors v Greenberg, 151 A.D.2d 550), the defendant's purported lack of willfulness is not determinative of the matter.
The record on appeal is insufficient to resolve the defendant's contention that the judgment improperly awarded the plaintiff costs and disbursements. Accordingly, the defendant's remedy is to move in the trial court to resettle the judgment with respect to costs and disbursements ( see, Matter of Kaplan v Werlin, 215 A.D.2d 387, 388).
The defendant's remaining contentions are without merit. Rosenblatt, J.P., O'Brien, Ritter and Goldstein, JJ., concur.