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NEMETH v. OTIS ELEVATOR CO., INC.

55 N.J. Super. 493 (1959)

151 A.2d 58

JOSEPH NEMETH, PETITIONER-RESPONDENT, v. OTIS ELEVATOR CO., INC., RESPONDENT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 7, 1959.

Attorney(s) appearing for the Case

Mr. Edward E. Kuebler argued the cause for respondent-appellant.

Mr. Abram Simon argued the cause for petitioner-respondent.

Before Judges GAULKIN, SULLIVAN and FOLEY.

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

Claiming that he was injured on January 4, 1954, Joseph Nemeth filed his petition for workmen's compensation on June 12, 1954. He failed to prosecute his claim, and upon notice (given pursuant to R.S. 34:15-54 as amended by L. 1947, c. 267), the petition was dismissed in the Division on March 5, 1957. Almost a year later, on February 24, 1958, Nemeth's attorney served notice of application...

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