Opinion
May 26, 1987
Appeal from the Supreme Court, Kings County (Lodato, J., Hirsh, J.).
Ordered that the order is affirmed, with one bill of costs.
The court did not abuse its discretion in denying the appellant's motion to vacate the default judgment dated August 9, 1976. Under the facts and circumstances of the instant case, where the appellant Angelina Carlson and her late husband Paul delayed over eight years before challenging the default judgment and entered into a lease for the premises as tenants, which conduct evidenced a willingness to accede to the terms of the judgment (see, Marco v. Sachs, 10 N.Y.2d 542, 550-551, rearg denied 11 N.Y.2d 766, 11 N.Y.2d 798; Shaw v. Shaw, 97 A.D.2d 403, 404; Palisi v. Yanarella, 76 N.Y.S.2d 209, affd 272 App. Div. 107 0), vacatur of the default judgment was not warranted. Mangano, J.P., Bracken, Lawrence and Kooper, JJ., concur.