Palko v. Palko

We reverse the judgment of the Appellate Division and remand the matter for hearing to the trial court substantially for the reasons given by Judge Seidman in his dissenting opinion. 150 N. J. Super. 255 (1976). We add the following comments.

While the affidavits supporting plaintiff’s motion to reopen the judgment use the terms “deception,” “fraud” and “concealment,” the substance of her application may well have been cognizable on broader grounds. A motion to reopen a judgment based on mistake, newly discovered evidence, fraud and the like, R. 4:50-1 (a), (b) and (c), must be made within one…