11-20-08
A-3524-07T2
The question presented on appeal is whether a monetary
judgment entered in the Special Civil Part, when the business
entity was not represented by an attorney as required by Rule
1:21-1(c), renders the judgment void ab initio or voidable at
the election of the adverse party. We held that the judgment is
voidable at the election of the adverse party without
establishing a material irregularity in the trial proceeding or
that the judgment was otherwise erroneously entered. We also
held that our decision is applicable to the present case and
prospective cases, but not cases previously decided that are
beyond the time for reconsideration or direct appeal.
