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GERVOLINO v. PORTER

75 N.J. Super. 246 (1962)

183 A.2d 98

RONALD GERVOLINO, AN INFANT, ETC., ET AL., PLAINTIFFS, AND MARION GERVOLINO, PLAINTIFF-APPELLANT, v. WILLIAM PORTER, DEFENDANT. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 1962.

Attorney(s) appearing for the Case

Mr. Hugh J. O'Gorman argued the cause for appellant.

Mrs. Annamay T. Sheppard argued the cause for respondent (Mr. William O. Barnes, Jr., attorney).

Before Judges CONFORD, GAULKIN and KILKENNY.

The opinion of the court was delivered by CONFORD, S.J.A.D.

The question here is whether plaintiff, Marion Gervolino, complied with the statutory requirement of giving notice to the Unsatisfied Claim and Judgment Fund Board pursuant to N.J.S.A. 39:6-65. The statute directs that the claimant, "shall, within 90 days after the accident, as a condition precedent to the right thereafter to apply for payment from the fund, give notice to the board * * * of his intention...

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