concurring.
It is unnecessary to determine whether a New York court would hold the judgment in question to be void ab initio or merely voidable and subject to collateral attack. See Trook v. Lafayette Bank and Trust Co. (1991) 2d Dist. Ind.App., 581 N.E.2d 941.
The operative and controlling principle here, is that if a defendant to a law suit in a foreign jurisdiction never enters an appearance and judgment is entered by default, he may defeat enforcement of the judgment in Indiana by demonstrating that the foreign court lacked personal jurisdiction over him. Tandy Computer Leasing v. J.L. Milam (1990) 2d Dist. Ind.App., 555 N.E.2d 174. Band Shoppe did so here and, as held by the majority, is entitled to summary judgment.