Tenant Maria Bello and respondents Manuel Rosario and Leo Bello appeal from (1) an order of the Civil Court of the City of New York, New York County (Jean T. Schneider, J.), entered January 6, 2009, after a hearing, which granted petitioner-landlord's motion for leave to execute upon a warrant of eviction issued pursuant to a so-ordered stipulation settling a holdover summary proceeding, and (2) an order (same court and Judge), entered March 13, 2009, which denied appellants' motion to vacate the stipulation.

Per Curiam.

Orders (Jean T. Schneider, J.), entered January 6, 2009, and March 13, 2009, affirmed, with one bill of $10 costs.

The violent crimes committed inside the building premises by tenant-appellant's grandsons clearly established that appellants breached the unambiguous no-access provisions of the terms of the so-ordered stipulation settling the underlying nuisance holdover proceeding, and seriously threatened the safety of building occupants and staff. Thus, Civil Court properly granted landlord leave to execute the warrant of eviction (see Stratton v Felner, 211 AD2d 559 [1995]).

Appellants' motion to vacate the stipulation, made approximately 11 months after the stipulation was executed, was properly denied, in the absence of any showing that the stipulation was entered into inadvisedly or that it would be inequitable to hold the parties to the agreement's unambiguous terms (see Matter of Fruiteger, 29 NY2d 143, 150 [1971]). Indeed, as Civil Court expressly noted, the stipulation was entered into upon the advice of counsel, after negotiations that were "closely supervised by the court" and a "careful[]" allocution.

We have considered appellants' remaining arguments and find them unavailing. [*2]

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: November 19, 2009