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Elizabeth Bernoskie v. Robert Zarinsky

07-10-07 A-4905-05T1

This appeal is from a post-judgment order in a civil action
denying defendant's motion for the return of funds plaintiff
collected on a judgment that was reversed on appeal because the
trial court erred in concluding that the statute of limitations
was equitably tolled. See Bernoskie v. Zarinsky, 383 N.J.
Super. 127, 141 (App. Div.), certif. denied, 186 N.J. 604
(2006). Acknowledging the continuing validity of the equitable
principles applied in Bruns v. Mattocks, 6 N.J. Super. 174, 176-
77 (App. Div.), certif. denied, 4 N.J. 456 (1950), we employ
them, hold that defendant is entitled to restitution and remandfor further proceedings.