Opinion
January 21, 1999.
Appeal from 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.).
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, lv dismissed 87 N.Y.2d 968). 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. Department of Health, 245 A.D.2d 703, 705), and the absence of any showing warranting its vacatur ( see, Varveris v. Fisher, 229 A.D.2d 573).
Concur — Sullivan, J.P., Nardelli, Rubin and Mazzarelli, JJ.