Judge Diane Lutwak

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Undertenant, Gonzalez, moved to vacate a stipulation and dismiss the subject petition in this nonpayment proceeding, which sought alleged rent arrears for February and March 2017 and a balance for January. Landlord named Vista Management as tenant and Jane/John Doe as under-tenants but Vista never appeared or answered. Before a new warrant requisition was submitted by a marshal, Gonzalez filed an answer alleging defenses including lack of proper predicate rent demand. She sought vacatur of a stipulation in which she agreed to permit amendment of the petition to reflect her as the occupant rather than Jane Doe but no tenancy rights were conferred to her. Landlord provided a recent lease renewal for the premises between itself and Vista, alleging Vista was a “scattered site not-for-profit” providing housing to at-risk subtenants who had no contractual privity with landlord. The court found no evidence was presented supporting Gonzalez’s claim that she was a necessary party to the nonpayment proceeding, as the lease was between landlord and Vista–and Gonzalez was not named in that lease, nor had independent possessory rights. Also, Gonzalez did not state a basis for her stated defenses and vacatur of the stipulation, or dismissal of the petition was denied.