64TH STREET 3RD AVENUE ASSOCIATES v. WALL (1999)

Order of the Appellate Term of the Supreme Court, First Department, entered July 2, 1997, which unanimously affirmed 1) an order of the Civil Court, New York County (Arthur Birnbaum, J.), entered on or about May 20, 1996, granting respondent landlord's motion for an order directing entry of a final judgment awarding respondent possession of the subject premises and related relief, and 2) an order of the same court and Judge, entered on or about October 8, 1996 which, upon the grant of reargument, adhered to the court's prior, May 20, 1996 determination, unanimously affirmed, without costs.

 The stipulation entered into by the parties in open court expressly and unambiguously provided that if appellant defaulted under the stipulation's terms, respondent landlord would be entitled to move for a final judgment awarding it possession of the subject premises and related relief.   Given the unambiguous terms of the stipulation, its enforcement without reference to extrinsic evidence of the parties' intent was proper (see, Sharp v. Stavisky, 221 A.D.2d 216, 633 N.Y.S.2d 488, lv. dismissed 87 N.Y.2d 968, 642 N.Y.S.2d 197, 664 N.E.2d 1260).   Appellant's attempt to assert defenses responsive to respondent landlord's underlying nuisance cause of action, settled by the stipulation, is barred by the stipulation (see, Matter of Hatfield v. Dept. of Health of the State of New York, 245 A.D.2d 703, 705, 665 N.Y.S.2d 755), and the absence of any showing warranting its vacatur (see, Varveris v. Fisher, 229 A.D.2d 573, 645 N.Y.S.2d 853).

MEMORANDUM DECISION.