The court notes that the respondent did not allege that the prior stipulations or the judgment entered into were either unfair, burdensome or obtained as a result of fraud, *836misrepresentation or other misconduct. Respondent also fails to set forth a reason upon which she seeks vacatur of the final judgment.
Regarding the issue of service, respondent alleged in her second order to show cause, dated September 27,1983, that the court lacked jurisdiction over the person of respondent due to improper service of the notice of petition and petition. The court finds that respondent waived said defense by failing to assert same in her answer or first order to show cause. CPLR 3211 (subd [e]), which is applicable to proceedings in the Civil Court under CCA 1002, provides in substance that any objection based upon lack of in personam jurisdiction is waived if not raised in the responsive pleading or by motion prior to answer.
Regarding respondent’s allegation of improper service of the 72-hour notice, the court finds that this does not affect the outcome of the proceedings herein. The courts have held that the validity of a judgment is not affected by a question of proper service or execution of 72-hour notice. (Presidential Mgt. Co. v Farley, 78 Misc 2d 610; Gabe Equities v Johnson, NYLJ, Dec. 6, 1982, p 13, col 6.) Therefore, the court holds that the final judgment, entered by the court with the respondent’s consent, is valid.
Accordingly, the remaining issue before the court is whether the failure to make a legal demand for rent is a subject matter jurisdictional defect which may be raised at any time or whether it is waived if not set forth prior to the issuance of a consent judgment, numerous court appearances and the execution of a warrant of eviction