Search Rutgers Law Library N.J. Court Opinions

31 MARC J. MIGNANO v. JIM SULLIVAN, INC. -- rank: 774

... the exercise of discretion in carrying out governmental functions. See N.J.S.A. 59:2-3(a), (c), (d); S.P. v. Newark Police Dep't ... J.S.A. 59:2-6; and for discretionary activities, N.J.S.A. 59:2-3. The trial judge concluded that the DEP voluntarily assumed responsibility ...

docket:	a2995-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	125617

32 ANTHONY SCHANZ v. TOWNSHIP OF WINSLOW -- rank: 769

... suggestion in the report that does not implicate immunity under N.J.S.A. 59:2-3(a) 1 or N.J.S.A. 59:2-5 ... s actions or inactions were palpably unreasonable. Again, we disagree. N.J.S.A. 59:2-3(a) provides that "[a] public entity is not liable for ... limit approaching the intersection implicates defendant's discretionary immunity under N.J.S.A. 59:2-3(a) and was appropriately rejected by the motion court. Plaintiff ... the exercise of judgment or discretion vested in the entity." N.J.S.A. 59:2-3(a). 2 "Neither a public entity nor a public employee ...

docket:	a6056-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	50829

33 CATHERINE SCHMIDT v. CITY OF BAYONNE -- rank: 764

... existing resources and funds for repair of public property under N.J.S.A. 59:2-3, and that plaintiff failed to establish a prima facie case ... to defendant on the basis of discretionary immunity pursuant to N.J.S.A. 59:2-3 because the palpable unreasonableness of the City's resource allocation ... We are also satisfied that the discretionary immunity defense of N.J.S.A. 59:2-3 should not have been granted as a matter of law ... discretionary decisions made in connection with uniquely governmental functions. Under N.J.S.A. 59:2-3, the entity has the burden of proving that a discretionary ... weighed the competing policy considerations and made a conscious choice"). N.J.S.A. 59:2-3 states, in pertinent part: c. A public entity is not ... have been granted to defendant based on discretionary immunity under N.J.S.A. 59:2-3 or for failure to establish dangerous condition liability under ...

docket:	A0467-05
court:	NJ Superior Court Appellate Division
decided:	2007-05-21
status:	unpublished
citation:
Document Size:	65444

34 DANIEL J. O'BRIEN v. NEW JERSEY TURNPIKE AUTHORITY -- rank: 764

... the NJTA asserted a 'resource allocation immunity' affirmative defense under N.J.S.A. 59:2-3(d),4 it bore the burden of 4 N.J.S.A. 59:2-3(d) provides: A public entity is not liable for the ...

docket:	a0549-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-27
status:	Unpublished
citation:
Document Size:	49385

35 MONIQUE RAYMOND v. NEW JERSEY DEPARTMENT OF TRANSPORTATION -- rank: 764

... entity was 'palpably unreasonable.' Coyne, 182 N.J. at 493; N.J.S.A. 59:2-3(d). The term 'palpably unreasonable' implies 'behavior that is patently ...

docket:	a4200-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	46427

36 Coyne v. State of New Jersey, Department of Transportation -- rank: 759

... triggers the application of the discretionary act immunity provisions of N.J.S.A. 59:2-3. (Pp. 8-10) 3. DOT relies on a characterization of ... is informed by the statutory caveat that “[n]othing in [ N.J.S.A. 59:2-3] shall exonerate a public entity for negligence arising out of ... functions.” 83 N.J. 49, 54-55 (1980) (In interpreting N.J.S.A. 59:2-3, “subdivision (a) should be read in conjunction with the areas ... triggers the application of the discretionary act immunity provisions of N.J.S.A. 59:2-3. B.     The trial court held, and the majority of the ... necessary to determine whether the discretionary act immunity provisions of N.J.S.A. 59:2-3 apply, we also agree. In Brill v. Guardian Life Ins ... under these circumstances, trigger the discretionary act immunity provisions of N.J.S.A. 59:2-3. To conclude differently trivializes the requirement that “the immunity ...

docket:	a-1-04
court:	njsupreme
decided:	2005-03-02
status:
citation:	182 N.J. 481
Document Size:	49813

37 ANASIA MAISON v. NJ TRANSIT CORP -- rank: 757

... or apply existing resources" "in the face of competing demands." N.J.S.A. 59:2-3(d) and 59:3-2; see Parsons v. Mullica Twp ...

docket:	a1761-14
court:	NJ Superior Court Appellate Division
decided:	2015-07-06
status:	unpublished
citation:
Document Size:	46710

38 ERICA TURNER v. TOWNSHIP OF IRVINGTON -- rank: 754

... immunities, namely the immunity provided public entities for discretionary activities, N.J.S.A. 59:2-3(d). 4 Wilson , supra , 209 N.J. at 569-70 ... apply. 2 The Township has not claimed TCA immunity under N.J.S.A. 59:2-3(d) (immunity for discretionary activities); or N.J.S.A ... declaration of immunity in Section 2-1(a). See also N.J.S.A. 59:2-3 and 59:3-2, which does not exempt a public ...

docket:	a5478-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-23
status:	published
citation:	430 N.J.Super. 274 63 A.3d 1233
Document Size:	39752

39 NL Industries, Inc. v. State of New Jersey -- rank: 752

... TCA’s continued maintenance of immunity for discretionary activities. See N.J.S.A. 59:2-3. We note that plaintiff conceded during oral argument in this ...

docket:	a-44-15
court:	New Jersey Supreme Court
decided:	2017-03-27
status:
citation:
Document Size:	100516

40 CORRIE A. ALLEN v. PATRICK B. FLYNN -- rank: 752

... Similarly, N.J.S.A. 59:3-2(d) and N.J.S.A. 59:2-3(d) do not provide immunity from liability for negligence in ... On the other hand, the exercise of discretion contemplated by N.J.S.A. 59:2-3(a) "refers to actual, high-level policymaking decisions involving the ... s examination in Costa and Coyne of the application of N.J.S.A. 59:2-3 to decisions and actions taken by the Department of Transportation ... carried out will likely not fall within the parameters of N.J.S.A. 59:2-3. The Court expanded upon this concept in Coyne . There, the ... under these circumstances, trigger the discretionary act immunity provisions of N.J.S.A. 59:2-3." Id. at 492. Applying the law outlined above to the ...

docket:	a6254-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-08
status:	unpublished
citation:
Document Size:	39725

41 ANGELA PRESTOL v. HENPAL REALTY ASSOCIATES LLC -- rank: 752

... entity was 'palpably unreasonable.' Coyne, 182 N.J. at 493; N.J.S.A. 59:2-3(d). The term 'palpably unreasonable' implies 'behavior that is patently ...

docket:	a0633-19
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	53143

42 MICHAEL J. CONNER v. TOWNSHIP OF EAST BRUNSWICK -- rank: 752

... judge also determined that the Township would enjoy immunity under N.J.S.A. 59:2-3(a) and (d), because "a jury could [not] conclude that ... summary judgment to the Township. Plaintiff contends the court misapplied N.J.S.A. 59:2-3(a) and (d) in finding that the Township's actions ... liability under N.J.S.A. 59:4-2 and N.J.S.A. 59:2-3 by not removing the Bradford Pear tree which caused Conner ... 346 N.J. Super. 346 , 349 (App. Div. 2002). Similarly, N.J.S.A. 59:2-3(d) provides,     A public entity is not liable for the ... Novack, Claims Against Public Entities , 1972 Task Force Comment on N.J.S.A. 59:2-3(d). "Broadly speaking [ N.J.S.A. ] 59:2-3 provides that there   shall be no liability for the ...

docket:	a1592-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-20
status:	unpublished
citation:
Document Size:	38268

43 /usr/local/share/www/libweb/collections/courts/appellate/a1560-19.opn.html -- rank: 742

... for summary judgment, asserting they were protected by immunities under N.J.S.A. 59:2-3(d) (discretionary use of resources), 59:2-6 (failure to ... trial court found the discretionary-use-of-resources immunity of N.J.S.A. 59:2-3(d) did not apply and did not decide conclusively whether ...

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44 /usr/local/share/www/libweb/collections/courts/appellate/a4524-17.opn.html -- rank: 737

... other person.' N.J.S.A. 59:2-1(a). N.J.S.A. 59:2-3(d) provides the following exception: A public entity is not ...

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45 MATHEW BRASKI v. STATE OF NEW JERSEY, et al. -- rank: 735

... entities are similarly entitled to immunity for their discretionary acts. N.J.S.A. 59:2-3. And, "[s]ince the two sections contain the same language, interpretations of N.J.S.A. 59:2-3 have been applied equally to 59:3-2." Harry A ... the negligence claims against the school defendants as barred by N.J.S.A. 59:2-3 and 3-2. B. MEDICAL MALPRACTICE Plaintiff also asserts that ...

docket:	A0783-05
court:	NJ Superior Court Appellate Division
decided:	2007-08-10
status:	unpublished
citation:
Document Size:	104683