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STUPIN v. SANCHEZ

113 N.J. Super. 84 (1971)

272 A.2d 761

ROBERT STUPIN, PLAINTIFF-RESPONDENT, v. PRIMITIVO SANCHEZ, DEFENDANT-APPELLANT. UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 21, 1971.

Attorney(s) appearing for the Case

Mr. Martin L. Sisselman argued the cause for appellants (Messrs. James & Addas, attorneys).

Mr. Stephen Mongiello argued the cause for respondent.

Before Judges KILKENNY, HALPERN and LANE.

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

The narrow legal issue presented is whether plaintiff, a New Jersey uninsured motorist, may compel payment by the Unsatisfied Claim and Judgment Fund Board (Fund) of a judgment obtained against defendant, also a New Jersey uninsured motorist, who ran over plaintiff while plaintiff was changing a flat tire on his car.

This appeal is from the order requiring the Fund to pay the judgment. We reverse.<...

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