Landlord Can't Sue Rent Guarantor in an Eviction Proceeding

Landlord sued to evict tenant for nonpayment of rent. The court ruled for landlord and denied tenant's request to vacate the judgment entered in Nov. 2013. Tenant appealed and won. The nonpayment petition, and the judgment, were made against both Kinder Stuff 10, LLC and Mark Tress.  But Tress pointed out that he was only a guarantor for Kinder Stuff and not a tenant. Landlord argued that Tress didn't raise this claim before the lower court and therefore waived it. But a judgment or order issued without subject matter jurisdication is void and that defect may be raised any time and may not be waived. In a summary eviction proceeding, the court lacks subject matter jurisdiction to rule on a debt owed to a landlord by a guarantor of the rent. So judgment against Tress was vacated.

PB 2180 Pitkin Avenue, LLC v. Tress: Index No. 2017-1017, 2019 NY Slip Op 20264 App. T. 2 Dept.; 8/23/19; Pesce, PJ, Weston, Siegal, JJ)