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Kiczales v. Strelecki

New Jersey Superior Court, Appellate Division


Decided: September 18, 1969.

BERNARD KICZALES, PLAINTIFF-APPELLANT,
v.
JUNE STRELECKI, DIRECTOR OF THE DIVISION OF MOTOR VEHICLES, DEPARTMENT OF LAW AND PUBLIC SAFETY OF NEW JERSEY, DEFENDANT-RESPONDENT

Conford, Collester and Kolovsky.

Per Curiam

[107 NJSuper Page 35]

This is an appeal from the decision of the Law Division that a resident of New York is not a qualified person to have recourse in this State against the Unsatisfied Claim and Judgment Fund on a claim arising out of a "hit and run" incident wherein there was no physical contact between the other car and the claimant's person or the vehicle in which he was riding. Kiczales v. Strelecki , 103 N.J. Super. 257 (Law Div. 1968).

We are in agreement with the Law Division that the statutory requirement of a reciprocal remedy for New Jersey residents by the state of the claimant's residence, N.J.S.A. 39:6-62, is not here met since New York, whose statute requires physical contact in a "hit and run" case, would consequently not afford a New Jersey resident relief under its comparable statute on the same facts as here involved. See Betz v. Director of Div. of Motor Vehicles , 27 N.J. 324, 330 (1958).

Affirmed.

19690918


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