Keith v. Petrakakas

Citation98 N.J.Super. 153,236 A.2d 402
Decision Date06 December 1967
Docket NumberNo. A--1347,A--1347
PartiesEdward KEITH, Plaintiff-Appellant, v. George PETRAKAKAS and Mildred Petrakakas, Defendants-Respondents.
CourtNew Jersey Superior Court – Appellate Division

Hymen B. Mintz, Newark, for appellant.

William O. Barnes, Jr., Newark, for respondents.

Before Judges SULLIVAN, FOLEY and LEONARD.

PER CURIAM.

Plaintiff's failure, until more than six months after the accident, to give notice to the Unsatisfied Claim and Judgment Fund Board of his intention to make a claim, N.J.S.A. 39:6--65, was fatal to his application seeking payment of his judgment from the Fund.

The order appealed from is affirmed substantially for the reasons expressed by Judge Kapp in his opinion reported in 95 N.J.Super. 262, 230 A.2d 543 (Law Div.1967).

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2 cases
  • U.S. v. Studivant
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • January 22, 1976
    ...itself: absent the required notice, the injured party has no right under the statute to receive compensation. Keith v. Petrakakas, 98 N.J.Super. 153, 236 A.2d 402 (1967), aff'g, 95 N.J.Super. 262, 230 A.2d 543 (1967). Payment from the fund is not based on a common law right but is the produ......
  • Allstate Ins. Co. v. Meloni
    • United States
    • New Jersey Superior Court – Appellate Division
    • December 8, 1967

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