Search Rutgers Law Library N.J. Court Opinions

61 GIANI PETTY v. CITY OF NEWARK -- rank: 666

... the trial court relied on the immunity feature codified in N.J.S.A. 59:2-3(d), which affords discretion to municipalities to allocate limited resourcesâ ... DISMISSED PLAINTIFF'S COMPLAINT BECAUSE THE CITY IS IMMUNE UNDER N.J.S.A. 59:2-3 AND N.J.S.A. 59:4-6. POINT II ... omissions of its employees in carrying out their ministerial functions. [N.J.S.A. 59:2-3.] The City asserts that it is entitled to immunity under all four subsections of N.J.S.A. 59:2-3. We focus on subsection (d)—which we refer to ... of the allocation-of-resource theory of immunity codified in N.J.S.A. 59-2-3(d). A-4126-19 9 [Id. at 77–78.] The ... as to defeat its entitlement to tort claims immunity under N.J.S.A. 59:2-3(d). As we have already noted, because we affirm ...

docket:	a4126-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-20
status:	Unpublished
citation:
Document Size:	21952

62 MARTHA GREENBLATT v. BOROUGH OF NORTH PLAINFIELD -- rank: 666

... noted that it was relying on a "new argument" that N.J.S.A. 59:2-3, in light of the judge's previous determination that there ... s private nuisance cause of action, which is governed by [ N.J.S.A. ] 59:2-3(d), also requires a showing of "palpably unreasonable" - - and that ...

docket:	a4227-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	26106

63 RALPH ANGELES v. NEVIER RUIZ -- rank: 656

... Cemetery Corp., 197 N.J. 448, 457-58 (2009) (quoting N.J.S.A. 59:2-3). N.J.S.A. 59:4-7 provides that '[n ...

docket:	a3751-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-26
status:	Unpublished
citation:
Document Size:	35617

64 GEORGE LUCIETTO and GAIL LUCIETTO v. COUNTY OF BERGEN -- rank: 649

... on the ground they were immune, as public entities, under N.J.S.A. 59:2-3. The trial court granted defendants' motion, reasoning: First of all ... adequately clear, fairly clear from the Court's reading of N.J.S.A. 59:2-3. That section of our statute states that in Subpart A ... 59 (1989). Here, by all accounts, the immunity afforded by N.J.S.A. 59:2-3 applies, although the parties differ as to which specific provision ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3.] This provision is intended to codify the existing law in ... whole. . . . When an immunity comes within a specific subsection of N.J.S.A. 59:2-3, then the general provision, subsection a, would not apply." Brow ... N.J.S.A. 59:4-2).] Of course, under N.J.S.A. 59:2-3, "[i]mmunity is contingent upon proof that discretion was ...

docket:	a0793-06
court:	NJ Superior Court Appellate Division
decided:	2007-05-14
status:	published
citation:
Document Size:	68528

65 ELENA MERCADO v. DONNA L. KRIMMEL -- rank: 644

... id. at 292 (explaining '[t]he Task Force Comment to N.J.S.A. 59:2-3(d) concludes by stating, 'this section adopts the test commonly ... of ministerial duties, N.J.S.A. 59:2-2; N.J.S.A. 59:2-3(d), that liability yields to a grant of immunity,' thus ...

docket:	a4742-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-16
status:	Unpublished
citation:
Document Size:	30659

66 MORTON SCHNEIDER et al. v. TOWNSHIP OF DOVER -- rank: 642

... is not liable if the public employee is not liable); N.J.S.A. 59:2-3 (providing that a public entity is not liable for injury ...

docket:	a4312-05
court:	njappellate
decided:	2007-08-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	65405

67 JANET HENEBEMA v. DOMENICO RADDI, JR. -- rank: 642

... to charge the jury on the correct standard required by N.J.S.A. 59:2-3(d). Henebema v. S. Jersey Transp. Auth., 430 N.J ... ordinary negligence law or the [TCA]'s 'palpably unreasonable' standard. N.J.S.A. 59:2-3(d). Because the judge himself settled that fact-laden dispute ...

docket:	a2460-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-06
status:	published
citation:	452 N.J.Super. 438 175 A.3d 190
Document Size:	80943

68 /usr/local/share/www/libweb/collections/courts/appellate/a5133-13.opn.html -- rank: 637

... Borough was barred by the Tort Claims Act (TCA), citing N.J.S.A. 59:2-3(b), -4. With respect to the claim against Kavanaugh, the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	46071

69 Janet Henebema v. South Jersey Transportation Authority -- rank: 632

... behalf of the public entity was ministerial or discretionary. See N.J.S.A. 59:2-3(d). If the public entity’s action in allocating resources ... behalf of the public entity was ministerial or discretionary. See N.J.S.A. 59:2-3(d). More particularly, for purposes of the factual setting of this appeal, N.J.S.A. 59:2-3(d) prescribes the circumstances when a public entity can be ...

docket:	A-7-13
court:	NJ Supreme Court
decided:	2014-09-29
status:
citation:	219 N.J. 481 99 A.3d 336
Document Size:	68401

70 CLAUDIA ELLIOTT v. MISTER MOLD, LLC -- rank: 627

... down the hill. . . . . . . . The Township has immunity for discretionary activities. N.J.S.A. 59:2-3. A township's determination which roads to repair at any ... purchasing an easement from plaintiff or the Eckerts. Pursuant to N.J.S.A. 59:2-3(c), the Township was "not liable for the exercise of ...

docket:	a1215-12
court:	NJ Superior Court Appellate Division
decided:	2014-03-27
status:	unpublished
citation:
Document Size:	32177

71 JANET C. DENIS VS CITY OF NEWARK, ET ALS -- rank: 617

... as a police officer, they are immune from liability under N.J.S.A. 59:2-3 applies "[w]here immunity is claimed by a public entity ...

docket:	a5118-95
court:	njappellate
decided:	1998-01-15
status:	published
citation:	307 N.J.Super. 277
Document Size:	33731

72 EDWARD T. COYNE et al. v. STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION, VINCENT M. McDANIEL -- rank: 612

... was negligent in the operation of his vehicle, focusing on N.J.S.A. 59:2-3, the judge found no disputes of material fact concerning whether ... decision are considered "one and the same for purposes of [ N.J.S.A. 59:2-3]." 100 N.J. at 496. Therefore, because the decision establishing ...

docket:	A4062-02
court:	NJ Superior Court Appellate Division
decided:	2004-02-19
status:	published
citation:	366 N.J. Super. 578 841 A.2d 962
Document Size:	46823

73 A. PFLUGH, INC v. BONLAND INDUSTRIES INC -- rank: 612

... 18A:18A-41 and 18A:18A-46, as well as N.J.S.A. 59:2-3, to establish that it cannot be held liable without violating ...

docket:	a5426-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-19
status:	unpublished
citation:
Document Size:	38710

74 CIVALIER V. THE ESTATE OF MARGARET J. TRANCUCCI -- rank: 610

... allocation of limited resources for duties such as road maintenance. N.J.S.A. 59:2-3. In short, a regular schedule of maintenance is strong evidence ...

docket:	a-93-93
court:	njsupreme
decided:	1994-10-20
status:
citation:	138 N.J. 52
Document Size:	93573

75 KAREN PIREN v. CITY OF TRENTON -- rank: 610

... DANGEROUS CONDITION" PROVISION OF THE NEW JERSEY TORT CLAIMS ACT, N.J.S.A 59:2-3 PROHIBITED A FINDING OF PALPABLE UNREASONABLENESS, AS THE DEFENSE FAILED ... to allocate its resources in a manner it deems prudent. N.J.S.A. 59:2-3 provides: a. A public entity is not liable for an ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(a)-(d).] Pursuant to this resource allocation immunity, Judge Koenig ... when the City asserts a defense of discretionary activities under N.J.S.A. 59:2-3 that it must "demonstrate that the items given a higher ...

docket:	a0704-07
court:	NJ Superior Court Appellate Division
decided:	2009-07-22
status:	unpublished
citation:
Document Size:	54134