Rizzo v. Rizzo

OPINION OF THE COURT

Arthur W. Lonschein, J.

This is a motion to modify the language of a 1972 divorce judgment. The parties had entered into an agreement, and the Honorable Frederic E. Hammer, now deceased, directed in his findings of fact and conclusions of law "that the agreement signed by the parties on April 7, 1971 be incorporated in judgment but is not to merge.” The judgment, apparently signed contemporaneously with the findings and conclusions, omitted any language incorporating the agreement, either expressly or by reference.

*582Now, 18 years later, the defendant wife seeks a modification…