Supreme Court of New Jersey
Renee A. Baumann and Claude P. Baumann, Plaintiffs-Respondents v. Kimberly M. Marinaro and Nicholas A. Marinaro…
February 7, 198495 N.J. 380
Summary
The Supreme Court of New Jersey held that the ten‑day deadline for a motion for new trial under R.4:49‑1 cannot be extended, that a motion to vacate is properly characterized as a motion to alter or amend judgment under R.4:49‑2, that an untimely R.4:49‑1 motion does not automatically bar relief under R.4:50‑1, and that the defendants failed to meet the requirements of R.4:50‑1(a) and (f); it affirmed the judgment against Kimberly Marinaro, reversed and vacated the judgment against Nicholas Marinaro, and remanded for entry of judgment in his favor.