03-2-2214 Spaeth v. Srinivasan , App. Div. (Parrillo, J.A.D.) (11 pp.) At issue is whether a defendant, who answered a plaintiff’s complaint and counterclaimed without asserting the affirmative defense of the promise to arbitrate, waived her contractual right to arbitration. We held that under the circumstances, where defendant did not initiate the litigation and actively attempted to extricate herself therefrom, where minimal discovery was exchanged, and where the six-month delay in invoking the contractual right neither benefited defendant nor caused demonstrable prejudice to plaintiff, defendant should not be deprived of the arbitration remedy she bargained for. [Decided Nov. 20, 2008.] [Digested at page xx.]
CIVIL PROCEDURE — REPRESENTATION OF COUNSEL — VACATION OF JUDGMENT
07-2-2215 Gobe Media Group, L.L.C. v. Cisneros , App. Div. (Gilroy, J.A.D.) (9 pp.) 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 beyond the time for reconsideration or direct appeal. [Decided Nov. 20, 2008.] [Digested at page xx.]
