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SZCZESNY v. VASQUEZ

71 N.J. Super. 347 (1962)

177 A.2d 47

JOSEPH SZCZESNY AND STELLA SZCZESNY, PLAINTIFFS-APPELLANTS, v. ANNA VASQUEZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 2, 1962.

Attorney(s) appearing for the Case

Mr. David I. Stepacoff argued the cause for appellants (Messrs. Patten & Pryga, attorneys; Mr. Stepacoff, of counsel).

Mr. Morgan R. Seiffert argued the cause for defendant-respondent (Messrs. Seiffert and Frisch, attorneys; Mr. Seiffert and Mr. Arthur S.A. Pataky, on the brief).

Before Judges GOLDMANN, FOLEY and LEWIS.

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

Plaintiffs' single contention on appeal is that their proof of mailing notices of intention to the Unsatisfied Claim and Judgment Fund Board raised a presumption of receipt which was not rebutted by the Board and, for that reason, the decision of the trial court denying their application for payment of judgments out of the statutory Fund should be reversed. The essential facts

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