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PNC BANK, N.A. v. KEMENASH

761 A.2d 118 (2000)

335 N.J. Super. 124

PNC BANK, N.A., successor to Midlantic Bank, N.A. and Midlantic National Bank, Plaintiff-Respondent/Cross-Appellant, v. David KEMENASH, Defendant-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided November 14, 2000.

Attorney(s) appearing for the Case

Todd W. Heck, Vineland, argued the cause for appellant/cross-respondent (Basile & Testa, attorneys; Mr. Heck, on the brief).

John P. Leon, Voorhees, argued the cause for respondent/cross-appellant (Fox, Rothschild, O'Brien & Frankel, attorneys; Mr. Leon, on the brief).

Before Judges HAVEY, CUFF and LEFELT.

The opinion of the court was delivered by CUFF, J.A.D.

In this appeal we must determine whether a default judgment entered against defendant is either void or voidable because plaintiff failed to file an affidavit of non-military service at the time it applied for default judgment. It is undisputed that defendant never served in the military. We hold that the absence of the affidavit renders the judgment voidable and not void, and the judgment should not have been...

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