In view of the foregoing, the Civil Court properly vacated the stipulations and the final judgment entered pursuant thereto (see e.g. Tabak Assoc., LLC v Vargas, 48 Misc 3d 143[A], 2015 NY Slip Op 51314[U] [App Term, 1st Dept 2015]), properly granted tenant leave to file an amended answer which alleges that this proceeding is based upon landlord’s attempt to collect a rent overcharge, and properly dismissed the petition on the ground that it is based upon landlord’s attempt to collect a rent overcharge (see 239 Troy Ave., LLC v Langdon, 38 Misc 3d 141 [A], 2013 NY Slip Op 50221 [U] [App Term, 2d Dept, 2d, 11th & 13th Jud Dists 2013]). Accordingly, the order, insofar as appealed from, is affirmed.
Elliot, J.R, Pesce and Solomon, JJ., concur.