Naddeo v. Naddeo

Defendant, husband, moves to vacate and set aside a judgment of separation awarded his wife and for a new trial or, in the alternative, to reduce the amount of permanent alimony payable pursuant to the judgment.

Plaintiff, wife, questions the power of the court to consider this motion, contending that under section 549 of the Civil Practice Act it is required by rule 60-a of the Buies of Civil Practice to be made within 15 days of the decision of the court. The motion was brought in Special Term and hence not made pursuant to section 549, but rather pursuant to section 552. It is thus timely…