Defendant Awesome Kids, LLC. appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated January 9, 2008, which granted plaintiff's cross motion to restore the action to the inquest calendar.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated January 9, 2008, affirmed with $10 costs.

The parties' stipulation of settlement is clear, and literal enforcement of its terms is not unjust under the circumstances (see Cadlerock Joint Venture, L.P. v Rubenstein, 26 AD3d 219, 220 [2006]). Defendants clearly violated the stipulation's provisions by failing to make the first and second of five scheduled payments in a timely manner, and thereafter failing to cure a default in the payment of the third installment within the requisite 14-day period after receiving notice of the default (see McKenzie v Vintage Hallmark, PLC, 302 AD2d 503 [2003]). A stipulation of settlement is a contract, enforceable according to its expressed terms (see 1029 Sixth v Riniv Corp., 9 AD3d 142 [2004], appeal dismissed 4 NY3d 795 [2005]), and defendants numerous defaults were neither inadvertent nor trivial.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT. [*2]
Decision Date: May 22, 2008