Opinion
2003-486 Q C.
Decided January 29, 2004.
Appeal by defendants from so much of an order of the Civil Court, Queens County (K. Kerrigan, J.), entered on March 3, 2003, as denied the branch of their motion seeking to vacate the default judgment.
Order affirmed without costs.
PRESENT: PESCE, P.J., PATTERSON and GOLIA, JJ.
Contrary to defendants' contention, they have failed to establish a meritorious defense to the action. The stipulation of settlement constituted an executory accord and defendants failed to perform their obligations thereunder (see General Obligations Law § 15-501). Consequently, plaintiff could seek to enforce the original judgment (General Obligations Law § 15-501; Rist v. Comi, 250 AD2d 966). Thus, the court below properly determined that there was insufficient grounds warranting vacatur of the default judgment.
Pesce, P.J. and Patterson, J., concur.
Golia, J., taking no part.