Last v. Burns
| Decision Date | 19 January 1970 |
| Citation | 108 N.J.Super. 525,261 A.2d 726 |
| Parties | Alice LAST, Patti Last an infant by her Guardian Ad Litem, Raymond Last and Raymond Last, Individually, Plaintiffs, v. Willie BURNS and Lewis Washington, Defendants. |
| Court | New Jersey Superior Court |
Richard A. Lustgarten, Englewood Cliffs, for plaintiffs (Cohn & Lifland, Paterson, attorneys).
William J. Carey for Unsatisfied Claim and Judgment Fund (Charles J. Kahwaty, Paterson, attorney).
WOODS, J.P.C.D.C. (temporarily assigned).
Plaintiffs have made two previous unsuccessful similar motions, their purpose being to make substituted service upon the Unsatisfied Claim and Judgment Fund in lieu of service upon defendants personally.
Plaintiffs rely on R. 4:4--4(e) and the recent case of Young v. Bunny Bazaar Inc., 107 N.J.Super. 320, 258 A.2d 158 (Law Div.1969). That rule permits substituted personal service providing there is due process of law, I.e. that notice of the action be reasonably calculated to reach defendant. Roth v. Jackson, 99 N.J.Super. 546, 240 A.2d 687 (App.Div.1968), certif. den. 52 N.J. 161, 244 A.2d 293 (1968). Young permitted service on defendant Insurance carrier as valid substituted service upon defendant. In the instant case plaintiffs are seeking to apply both R. 4:4--4(e) and the Young case, substituting the Fund for the insurance carrier.
Upon independent research this court has been unable to find statutory or case law to support that position.
There is no authority permitting the Fund to accept substituted personal service on a Known but absent defendant. Defendants are known. The Fund is neither defendants' agent nor authorized by appointment or by law to accept service. There is no contractual relationship between defendants and the Fund, as there was between defendant and the insurance carrier in the Young case.
It is for the above reasons that this motion is hereby denied. Plaintiffs' remedies lie elsewhere.
To continue reading
Request your trial
-
Feuchtbaum v. Constantini
...the Fund on either account. The Fund insists it is not an authorized agent for service of process, and cites Last v. Burns, 108 N.J.Super. 525, 261 A.2d 726 (Law Div.1970), which so held. Unlike the insurance carrier, the Fund has no existing contractual relations with the missing motorist.......
-
Feuchtbaum v. Constantini
...Counsel for the Unsatisfied Claim and Judgment Fund opposes this motion, relying on the recent case of Last v. Burns, 108 N.J.Super. 525, 261 A.2d 726 (Law Div. 1970). In that case, similar on the facts to this case, a motion to permit substituted service on the Unsatisfied Claim and Judgme......