Yanoff, J.s.c. (retired and temporarily assigned on recall).
[221 NJSuper Page 648] This motion for summary judgment upon a New York judgment tests whether it is entitled to full faith and credit. Following are the facts revealed by affidavits. In March 1986 Ribert C. Jiggets, Jr. as President of defendant, Liberty Temple Universal Church of Christ, Inc. ("church") agreed to purchase a candy machine and soda machine on behalf of church. At that time he signed two proposals on forms supplied by plaintiff for a factory rebuilt candy machine, at a rental of $79.50 a month, for 39 months, or a total of $3,100.50, and a rebuilt factory cold drink can machine at a rental of $149.50 a month
for 39 months, or a total of $5,830.50. The proposal form shows that plaintiff has a New Jersey branch at Hackensack, New Jersey. The proposals contain a three-day cancellation option.
The two items were delivered to the church when Robert C. Jiggetts, Jr. was absent but his mother, Alleyne, was present. In her affidavit she states that she works at the church as a secretary, and signed the lease agreement
The lease agreement is in small type and contains a variety of provisions onerous to the lessee. Typed at the bottom of the first page is a provision that the lease may be cancelled only by registered mail "postmarked within strictly no later than three weekdays." The word "three" has been stricken and "fourth" substituted and initialed "A.J." At the bottom of the second page is a lengthy guaranty, also in small type, signed by Alleyne Jiggetts.
Both the lease and the guaranty provide:
21. This agreement shall be deemed to have been made in the State of New York, regardless of the order in which the signatures of the parties shall be affixed hereto, and shall be interpreted, and the rights and liabilities of the parties here determined, in accordance with the laws of the State of New York, and as part of the consideration for the Lessor's executing this lease, Lessee hereby agrees that all actions or proceedings arising directly or indirectly from this lease shall be litigated only in Courts having situs within the State of New York and Lessee hereby consents to the jurisdiction of any local, State or Federal court located within the State of New York and waives the personal service of any and all process upon Lessee herein, and consents that all such service of process may be made by certified or registered mail, return receipt requested, directed to the Lessee at the address hereinabove stated; and service so made shall be complete two (2) days after the same shall have been posted as aforesaid.
Alleyne Jiggetts's affidavit states also:
7. After the machines were at the church three or four days, at the instruction of my son, I typed a letter to U-Vend advising them that we could not use the machines because the church was too small and we did not have enough patronage. We don't have a copier and sometimes I forget to make a carbon
copy of every letter I type. The letter I typed requested that the machines be picked up. The machines are still just sitting at the church and no one has come to take them back.
Suit was instituted in New York against the church on the lease and Alleyne Jiggetts as guarantor.
The affidavit of the lawyer who handled the case in New York states that defendants were served by certified mail, return receipt requested, in accordance with New York practice. Thereafter, the attorney for defendants communicated with her and, according to the New York attorney, without request on her part, was offered an extension of time to answer. The correspondence attached to the New York attorney's affidavit indicates that he requested defendants to settle, and on his own initiative, under date of October 8, 1986, gave defendants' attorney a further extension "until October 22 to obtain a New York ...