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FIRST MORRIS BANK AND TRUST v. ROLAND OFFSET SERVICE, INC.

813 A.2d 1260 (2003)

357 N.J. Super. 68

FIRST MORRIS BANK AND TRUST, Plaintiff-Appellant, v. ROLAND OFFSET SERVICE, INC., a New Jersey Corporation and Karen Shaffer, Defendants-Respondents, and Permacopy Services, Inc., a New Jersey Corporation, Kurtis A. Shaffer, Barbara Shaffer Michaluk, and John H. Shaffer, Defendants.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2003.

Attorney(s) appearing for the Case

Arthur L. Raynes, Morristown, argued the cause for appellant (Wiley, Malehorn and Sirota, attorneys; Mr. Raynes, of counsel and on the brief; James M. McCreedy and Meri J. Van Blarcom-Gupko, on the brief).

Richard L. Slavitt, West Orange, argued the cause for respondent (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Mr. Slavitt, of counsel and on the brief; Alona Magidova, on the brief).

Before Judges COBURN, COLLESTER and ALLEY.

The opinion of the court was delivered by

COBURN, J.A.D.

Plaintiff obtained a default judgment in this commercial dispute arising from defendants' admitted breach of a bank loan. Defendants successfully moved to vacate the judgment based solely on Rule 4:50-1(f). Plaintiff appeals, and we reverse. The dispositive question presented is whether defendants' motion was supported by a showing of truly exceptional circumstances.

Plaintiff sued defendants...

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