Under RPAPL 711 (subd 2), prior to commencing a summary proceeding to recover possession of real property where a tenant has defaulted in payment of rent, a landlord must demand the rent of the tenant or serve a written demand giving at least three days’ notice requiring either payment of the rent or the tenant’s returning possession of the premises to the landlord. Respondent herein contends that the statute creates a condition precedent to the commencement of a summary proceeding and that the failure to make a legally sufficient demand mandates dismissal of the proceeding. Petitioner contends that the question of subject matter jurisdiction was asserted merely to under*837mine the validity of the final judgment and subsequent eviction and solely as a result of the respondent’s inability to pay the amount of rent owed.
The court finds that the often used and frequently misused defense of lack of subject matter jurisdiction cannot be applied in a technical maneuver to defeat the rights of the landlord. In determining whether a court has subject matter jurisdiction, the question to be resolved is whether the court has jurisdiction over the “type” of case, not whether it has jurisdiction over “this particular” case. Where the Civil Court has jurisdiction over the subject matter of the proceeding and jurisdiction over the persons of respondents has been obtained, the proceeding is not jurisdictionally defective. (Hunt v Hunt, 72 NY 217; Matter of Rougeron, 17 NY2d 264; Jackson v New York City Housing Auth., 88 Misc 2d 121; McClelland v Robinson, 94 Misc 2d 312.) The Restatement, Judgments (§ 10), holds that the judgment of a court having jurisdiction over the parties to an action should generally not be vulnerable to attack for lack of subject matter jurisdiction.