In her supporting affidavit, respondent stated that she was served with the notice of petition, petition and 72-hour notice of eviction by regular and certified mail only and that petitioner violated its warranty of habitability by failing to do repairs upon the subject premises. It should be noted that in this order to show cause, brought on with the advice of counsel, respondent failed to allege that petitioner had not made a legal rent demand nor was it alleged that the court lacked subject matter jurisdiction. On September 27, 1983 respondent was evicted.
On October 4, 1983, another order to show cause was brought by respondent seeking restoration to possession of the subject premises, the joining of “Richard Roe” and “Mary Roe” as party respondents, and the return of respondent’s personal property by the New York City Department of Sanitation as well as the payment by petitioner of any fees of said department, or in the alternative staying the New York City Department of Sanitation from disposing of the personal property of respondent pending appeal of the September 20, 1983 order.
In the affidavit supporting said order to show cause, respondent again failed to allege that the court lacked subject matter jurisdiction or that a proper demand for rent had not been made. However, on the October 6, 1983 return date, respondent submitted a supplemental affidavit in support of her September 27, 1983 and October 4, 1983 orders to show cause which, for the first time since the commencement of these proceedings, alleged that a legal demand for the rent owed had not been made and that, therefore, the court lacks subject matter jurisdiction.