LE VINE v. SANDRA FLYNN

Ordered that the order is affirmed, with costs.

The appellants specifically waived the defense of usury in a "stipulation and order", "so ordered" by the court, which settled a prior action to foreclose the mortgage in issue here. Accordingly, the appellants were precluded from raising usury in the instant action ( see, Central Funding Co. v Deglin, 67 AD2d 673, affd in part, appeal dismissed in part 48 NY2d 964; see also, Daniel v Daniel, 224 AD2d 573). The appellants' remaining contentions are without merit.