DAMATTA v. MARINI


155 N.J. Super. 30 (1977)

382 A.2d 92

JOAQUIN M. DAMATTA, PLAINTIFF, v. RAPHAEL J. MARINI, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES, DEFENDANT.

Superior Court of New Jersey, Law Division.

Decided December 20, 1977.


Attorney(s) appearing for the Case

Messrs. Adams, De Noia & Cassese, attorneys for plaintiff (Mr. John De Noia, of counsel).

Mr. Elliot Fabricant, attorney for defendant (Mr. Joseph C. Weiss, of counsel).


DIBUONO, A.J.S.C.

This action presents the novel question as to whether monies, paid in satisfaction of a judgment and deposited in court, should be returned to the Unsatisfied Claim and Judgment Fund by reason of the fact that plaintiff cannot be located.

Plaintiff asserted that he sustained personal injuries in a collision with an unknown motor vehicle on July 9, 1970. The complaint was dismissed with prejudice on January 20, 1975. The dismissal was based...

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