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46 YOUN WHA JUNG v. VILLAGE OF RIDGEWOOD -- rank: 732

... to 12-3. The TCA provision that Ridgewood relies upon, N.J.S.A. 59:2-3, immunizes public entities in subsection a "for an injury resulting ... J. 80 , 87 (1986). Generally, the "'exercise of . . . discretion' in N.J.S.A. 59:2-3(a) refers to actual, high-level policymaking decisions involving the ...

docket:	a4007-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-09
status:	unpublished
citation:
Document Size:	85280

47 LISA M. ROSE v. ESTATE OF PETER P RIVA -- rank: 730

... to provide plaintiff with all legitimate inferences; and (3) neither N.J.S.A. 59:2-3(a) or (b) 2 provides immunity in this instance for ... was a judicial function rendered immune by subsection (b) of N.J.S.A. 59:2-3 (providing immunity for "judicial action or inaction"). We agree the ... single employee is the type of discretionary decision immunized by N.J.S.A. 59:2-3(a) (providing immunity for injuries "resulting from the exercise of ... grounds without considering whether the Department was rendered immune by N.J.S.A. 59:2-3(a). No other appellate court of this State has considered ... s holding or plaintiff's view of the application of N.J.S.A. 59:2-3(a) to a negligent hiring or supervision claim. We, thus ... leave for yet another day the important questions of whether N.J.S.A. 59:2-3(a) immunizes a public entity from a negligent hiring ...

docket:	a0709-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-11
status:	unpublished
citation:
Document Size:	38148

48 A.M.H. v. NEW JERSEY DIVISION OF CHILD PROTECTION and PERMANENCY -- rank: 725

... to consider immunity under the doctrine of quasi-judicial immunity, N.J.S.A. 59:2-3(b), immunity arising out of misrepresentations of Division workers, N ... administrative action or inaction of a legislative or judicial nature." N.J.S.A. 59:2-3(b). In addition, with respect to public employees, the TCA ... conclude that the Division is entitled to absolute immunity under N.J.S.A. 59:2-3(b) as the plaintiffs' claims arise from the Division's ...

docket:	a0942-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-05
status:	unpublished
citation:
Document Size:	29782

49 STEPHANEE THOMPSON v. STATE OF NEW JERSEY -- rank: 723

... N.J.S.A. 59:3-2(a); see also N.J.S.A. 59:2-3(a) (public entity parallel containing the same language). These sections ... arising out of acts or omissions in executing ministerial functions. N.J.S.A. 59:2-3; N.J.S.A. 59:3-2. Accordingly, the TCA ...

docket:	a1973-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-17
status:	unpublished
citation:
Document Size:	58163

50 SNYDER V. AMERICAN ASSOCIATION OF BLOOD BANKS -- rank: 720

... New Jersey has adopted a similar rule of absolute immunity. N.J.S.A. 59:2-3 relieves public entities from liability for "an injury resulting from ...

docket:	a-97-95
court:	njsupreme
decided:	1996-06-04
status:
citation:	144 N.J. 269
Document Size:	144280

51 DIANE TIDER v. CITY OF JERSEY CITY -- rank: 720

... that the City was protected by the separate immunity in N.J.S.A. 59:2-3 for discretionary decisions. Plaintiffs thereafter moved for reconsideration, providing the ... it granted defendants' immunity for exercise of discretion pursuant to N.J.S.A. 59:2-3(c) and (d). Point IV.A. Defendant failed to show ... that it exercised any discretion that might grant immunity under [ N.J.S.A. ] 59:2-3(c) as a matter of law, and therefore failed to ... exercised and applied any discretion that might grant immunity under [ N.J.S.A. ] 59:2-3(d), and therefore failed to sustain the burden of proof ...

docket:	a3611-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	unpublished
citation:
Document Size:	44513

52 BRYCE PATRICK v. CITY OF ELIZABETH -- rank: 718

... the discretion accorded to a municipality and is immunized under N.J.S.A. 59:2-3(a). 4 Regarding the issue of signage, traffic signals, or ... J.S.A. 59:4-5 is entirely consistent with N.J.S.A. 59:2-3 immunizing public entities from liability for injury caused by an ... the exercise of judgment or discretion vested in the entity." N.J.S.A. 59:2-3(a). 5 Plaintiff does not contend that defendants were liable ...

docket:	a2792-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-24
status:	published
citation:	449 N.J.Super. 565 159 A.3d 906
Document Size:	39498

53 JOSEPH G. CASELLA v. TOWNSHIP OF MANALAPAN -- rank: 718

... but rather the general grant of discretionary immunity provided by N.J.S.A. 59:2-3(a) (providing that a "public entity is not liable for ...

docket:	a0139-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	35589

54 BONG H. LEE v. ANTHONY J. GILBERTI SR. -- rank: 710

... motion after concluding the State was immune from liability under N.J.S.A. 59:2-3(d), which provides: A public entity is not liable for ... out their ministerial functions. Plaintiff argues the immunity provided by N.J.S.A. 59:2-3(d) does not apply to the "State's affirmative creation ... projects." In Lopez v. City of Elizabeth , we explained that " N.J.S.A. 59:2-3 particularly recognizes that government has no choice but to govern ... discretionary decision of a public entity under subsection d of N.J.S.A. 59:2-3 and necessarily, one made by a public employee under subsection ... that the determination of the public entity was palpably unreasonable." N.J.S.A. 59:2-3(d). Palpably unreasonable behavior is behavior "patently unacceptable under any ...

docket:	a0418-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-20
status:	unpublished
citation:
Document Size:	62565

55 /usr/local/share/www/libweb/collections/courts/appellate/a0142-18.opn.html -- rank: 710

... was not palpably unreasonable in failing to repair the pothole, N.J.S.A. 59:2-3(d). On August 7, 2018, at the conclusion of argument ... 493 (2005); Maslo, 346 N.J. Super. at 349. 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 decision ... making process of public entities.' Id. at cmt. 1 on N.J.S.A. 59:2-3. A-5269-17T4 14 The term 'palpably unreasonable' implies 'behavior ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28743

56 /usr/local/share/www/libweb/collections/courts/appellate/a4405-17.opn.html -- rank: 708

... entitled to discretionary immunity under the TCA in accordance with N.J.S.A. 59:2-3(d) because the decision to repair certain sidewalks was discretionary ... that the City was not entitled to discretionary immunity under N.J.S.A. 59:2-3. Plaintiff made these same arguments before the trial court, and ... ruling that the City had discretionary immunity under the TCA. N.J.S.A. 59:2-3(d) establishes immunity for discretionary determinations concerning the use of ... that the determination of the public entity was palpably unreasonable. [N.J.S.A. 59:2-3(d).] Accordingly, 'operational governmental decisions to devote existing resources to ... 245 N.J. Super. 153, 164 (App. Div. 1991) (citing N.J.S.A. 59:2-3(d)). To qualify for the immunity, a public entity must ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	18914

57 T.B. v. ALEXIS NOVIA -- rank: 708

... summary judgment. 7 The Board asserts entitlement to immunity under N.J.S.A. 59:2-3(a) and (b) of the TCA. The Board further contends ... is a legislative and administrative function. We reject these arguments. N.J.S.A. 59:2-3(a), applicable to discretionary acts by a public entity, provides ... in liability. The Board is not entitled to immunity under N.J.S.A. 59:2-3(b). N.J.S.A 59:2-3(b) provides '[a] public entity is not liable for legislative ...

docket:	a1405-21
court:	NJ Superior Court Appellate Division
decided:	2022-05-03
status:	Published
citation:
Document Size:	41499

58 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 700

... location of signs on public streets. Id. 573-74 (citing N.J.S.A. 59:2-3(a)). This case does not present a claim of immunity ...

docket:	a4387-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-03
status:	Unpublished
citation:
Document Size:	38102

59 Kemp v. State of New Jersey -- rank: 698

... propriety of the act being done"). The official comment to N.J.S.A. 59:2-3 explains that, in respect of ministerial duties, "once a public ... as in the case of a private party.'" Comment to N.J.S.A. 59:2-3 (quoting Fitzgerald v. Palmer , 47 N.J. 106 , 109 (1966)); see also Comment to N.J.S.A. 59:2-3 is equally applicable to this section"). Thus, under the TCA ...

docket:	a-41-96
court:	njsupreme
decided:	1997-01-14
status:
citation:	144 N.J. 586
Document Size:	66215

60 CINDY BOLGER v. CITY OF BAYONNE -- rank: 676

... insufficient to provide a foundation for discretionary activity immunity under N.J.S.A. 59:2-3. Plaintiff argues that "to gain the benefit of 104 N ... do everything that might be done." Id. at 164 (quoting N.J.S.A. 59:2-3, we observed: N.J.S.A. 59:2-3 particularly recognizes that government has no choice but to govern ... to allocate money to repair defective curbing was immunized by N.J.S.A. 59:2-3 applied to Bayonne was improper. Factual support for a conclusion ... that they allocated resources and exercised discretion on how under [ N.J.S.A. 59:]2-3 to paint it but not to fix it had me ...

docket:	a2215-08
court:	NJ Superior Court Appellate Division
decided:	2009-10-23
status:	unpublished
citation:
Document Size:	66873