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FEUCHTBAUM v. CONSTANTINI

59 N.J. 167 (1971)

280 A.2d 161

A-115 ROBERT FEUCHTBAUM AND JACQUELINE FEUCHTBAUM, PLAINTIFFS-RESPONDENTS, v. ANSEHNO CONSTANTINI, DEFENDANT. SHIRLEY MAGAHAN AND RALPH MAGAHAN, PLAINTIFFS-APPELLANTS, v. GLEN R. ERSPAMER AND HAROLD H. CONKLIN, JR., DEFENDANTS-RESPONDENTS. A-123 STEPHEN LaGRECA AND ANTOINETTE LaGRECA, PLAINTIFFS-APPELLANTS, v. LOUIS V. HARS, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

May 10, 1971.

Decided July 21, 1971.

Attorney(s) appearing for the Case

Mr. Richard M. Fishkin argued the cause for plaintiffs-respondents Feuchtbaum (Messrs. Fishkin and Fleisher, attorneys).

Mr. H. Alton Neff argued the cause for plaintiffs-appellants Magahan (Messrs. Neff and Neff, attorneys).

Mr. Stephen J. Oppenheim argued the cause for defendant-respondent Erspamer and Unsatisfied Claim and Judgment Fund (Mr. George N. Arvanitis on the brief; Messrs. Carton, Nary, Witt and Arvanitis, attorneys); Mr. Salvatore L. Franchino submitted a brief on behalf of defendant Constantini and Unsatisfied Claim and Judgment Fund (Mr. John F. Richardson, on the brief).

Mr. Louis F. Locasio argued the cause for plaintiffs-appellants LaGreca (Mr. Warren W. Wilentz, of counsel; Messrs. Wilentz, Goldman and Spitzer, attorneys).

Mr. William T. McElroy argued the cause for defendant-respondent Hars (Mr. James B. Moran, of counsel and on the brief; Messrs. Hughes, McElroy, Connell, Foley and Geiser, attorneys).

The opinion of the Court was delivered by WEINTRAUB, C.J.

These actions arise out of automobile accidents and have the common feature that the defendant, a resident of our State at the time of the occurrence, thereafter disappeared and could not be served with process by any of the usual modes of service. Hence plaintiffs asked leave to make service another way. In LaGreca v. Hars, plaintiff sought to serve defendant by service on defendant's insurance carrier...

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