The courts have dealt with similar circumstances in landlord-tenant proceedings. In McClelland v Robinson (94 Misc 2d 312), the court held that by proceeding to trial and *838failing to raise the issue, of lack of subject matter jurisdiction arising out of the fact that the petition was filed by the landlord’s agent rather than by the landlords, the tenants waived said defense. In McClelland (supra, p 313) it was pointed out that the “reflex use” of the defense of subject matter jurisdiction is potentially troublesome when utilized by a party who, dissatisfied with the result of a trial, moves to vacate for lack of subject matter jurisdiction since said defense can be raised at any stage of the litigation, even on appeal. Although in the case at bar, a trial did not take place, there was a final judgment issued by the court and entered into with the consent of the tenant herein. This court agrees with the McClelland reasoning and seeks to stem the increasing tide of cases in which an easy “exit” is available to dissatisfied litigants.