Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)

Citation: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Parent Document: Matter of Cabrera v. Humphrey, 192 A.D.3d 227 (2021)
Jurisdiction: New York (state)
Effective Date: 2021-01-21
Original Source: https://www.courtlistener.com/opinion/4849318/matter-of-cabrera-v-humphrey/ ↗

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Supreme Court had subject matter jurisdiction over this holdover summary eviction proceeding. "The order or judgment of a court lacking subject matter jurisdiction is void, and objection to the court's jurisdiction in such a case may be taken at any stage of the action, including on appeal" (Marine Midland Bank v Bowker, 89 AD2d 194, 195-196 [1982] [citations omitted], affd 59 NY2d 739 [1983]; see Manhattan Telecom. Corp. v H & A Locksmith, Inc., 21 NY3d 200, 203 [2013]; see also CPLR 3211 [e]). A court lacks subject matter jurisdiction where "the matter before the court was not the kind of matter on which the court had power to rule" (Manhattan Telecom. Corp. v H & A Locksmith, Inc., 21 NY3d at 203). The Court [*2]of Appeals has noted that "[a]bsence of competence to entertain an action deprives the court of subject matter jurisdiction; absence of power to reach the merits does not" (Lacks v Lacks, 41 NY2d 71, 75 [1976] [internal quotation marks omitted]).

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