Beronio, J.c.c. (temporarily assigned).
This is an application for an order directing the Treasurer of the State of New Jersey to make payment to the plaintiff of $7,500 and costs by reason of a judgment entered in the Hudson County Court against the defendant and in favor of the plaintiff on September 19, 1962.
The Unsatisfied Claim and Judgment Fund Board, N.J.S.A. 39:6-61 et seq. by its attorney agreed to the
settlement; however the Fund reserved the right to resist payment on the ground of lack of timely notice. N.J.S.A. 39:6-65 provides as follows:
"Any qualified person, or the personal representative of such person, who suffers damages resulting from bodily injury or death or damage to property arising out of the ownership, maintenance or use of a motor vehicle in this State on or after April 1, 1955, and whose damages may be satisfied in whole or in part from the fund, shall, within 90 days after the accident, as a condition precedent to the right thereafter to apply for payment from the fund, give notice to the board, the form and contents of which shall be prescribed by the board, of his intention to make a claim thereon for such damages if otherwise uncollectible; * * *."
It is conceded by the parties that the accident occurred October 17, 1959, and the notice of intention to make a claim against the Unsatisfied Claim and Judgment Fund was not filed until April 21, 1960.
The defendant contends that the notice of intention was not filed within the statutory 90-day period, and the application for payment of the aforesaid judgment from the Fund should be denied.
The plaintiff contends, and it is not disputed by the defendant, that during the period between the date of the accident and the filing of the notice of claim with the Fund, the plaintiff was in the armed forces of the United States was in fact a member of the armed forces until November 1960, at which time he was honorably discharged.
The plaintiff further contends that the period during which he was entitled to make claim against the Unsatisfied Claim and Judgment Board was extended until his discharge from active duty, by reasons of the provision of the Soldiers and Sailors Civil Relief Act, 50 U.S.C.A., Appendix , § 525, which provides in part as follows:
"The period of military service shall not be included in computing any period now or hereafter to be limited by any law, regulation, or order for the bringing of any action or proceeding in any court, board, bureau, commission, department, or other agency of government
by or against any person in military service * * * whether such cause of action or the right or privilege to institute such action or proceeding shall have accrued prior to ...