My question involves landlord-tenant law in the State of: New York

I sublet a room while another girl sublets the other room of the apartment. Months ago, we got a NOTICE OF EVICTION addressed to the tenant (now living abroad). We wanted our security deposit back but he refused. He eventually settled the case in court.

But we just got another letter addressed to him, indicating that he hasn't paid the rent for two months.

Does this break our contract and allow me to use my security deposit for next month's rent? I'm moving out right after; can't deal with this!