Search Rutgers Law Library N.J. Court Opinions

91 SUNDARRAJ CHINNARAJ v. NABIL HUSSEIN CHEHAB -- rank: 558

... 59:1-1 to 59:12-3, specifically pursuant to N.J.S.A. 59:2-3, the discretionary function exception. In so holding, the judge stated ...

docket:	a2793-08
court:	superior court appellate division
decided:	2010-08-13
status:	unpublished
citation:
Document Size:	57992

92 COLLEEN A. PAZOS v. BOROUGH OF SAYREVILLE -- rank: 558

... such as the allocations of funds and personnel to maintenance. N.J.S.A. 59:2-3. The [p]laintiff has not offered any evidence that Sayreville ...

docket:	a0454-09
court:	superior court appellate division
decided:	2010-08-17
status:	unpublished
citation:
Document Size:	42388

93 CHARLES STAFFORD v. NATALIE KENNEDY -- rank: 546

... s claims were barred based upon the immunity provisions of N.J.S.A. 59:2-3 and N.J.S.A. 59:3-2. On appeal ... FACT FOR THE JURY. Plaintiff's primary argument is that N.J.S.A. 59:2-3 and N.J.S.A. 59:3-2, which immunizes ...

docket:	a4960-07
court:
decided:	2009-06-18
status:	Unpublished
citation:
Document Size:	34260

94 MARY K. KIBLER and DAVID KIBLER, her husband v. ROXBURY BOARD OF EDUCATION, et al. -- rank: 539

... for discretionary decisions by public entities and public employees. See N.J.S.A. 59:2-3 (public entities) and N.J.S.A. 59:3-2 ...

docket:	a4358-05
court:	njappellate
decided:	2007-04-11
status:	published
citation:	392 N.J. Super. 45
Document Size:	58829

95 GAIL FERRANTI v. CITY OF ELIZABETH -- rank: 536

... THE COUNTY OF UNION IS NOT ENTITLED TO IMMUNITY UNDER N.J.S.A. 59:2-3 WHERE IT HAD NOTICE OF THE DANGEROUS CONDITION AND ITS ... certain discretionary acts by public entities from tort liability. See N.J.S.A. 59:2-3; Coyne, 182 N.J. at 189. A public entity is ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(d) (emphasis added).] '[F]or a public entity to have ...

docket:	a4707-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-22
status:	Unpublished
citation:
Document Size:	11836

96 MAUREEN WIDOFSKY v. NEW BRUNSWICK PARKING AUTHORITY -- rank: 531

... N.J.S.A. 59:4- 6, and discretionary immunity, N.J.S.A. 59:2-3(a). In support of its motion, A-3837-21 4 ... summary judgment, including but not limited to discretionary immunity under N.J.S.A. 59:2-3(a), raised by defendant. Nothing in this opinion should be ...

docket:	a3837-21
court:	NJ Superior Court Appellate Division
decided:	2024-03-11
status:	Unpublished
citation:
Document Size:	21394

97 MARGARET KELLY and JOHN KELLY v. SEA ISLE CITY and SEA ISLE CITY BEACH PATROL -- rank: 522

... the date in question. The first aspect requires consideration of N.J.S.A. 59:2-3. Subsection (a) of that statute declares that "[a] public entity ...

docket:	a3991-08
court:	superior court appellate division
decided:	2009-12-15
status:	Unpublished
citation:
Document Size:	34443

98 JOSEPH J. RUGGIANO v. CHAD B. TOOMEY -- rank: 517

... DEFENDANT, BURLINGTON COUNTY, IS NOT ENTITLED TO IMMUNITY PURSUANT TO N.J.S.A. 59:2-3 (b) RELATIVE TO ITS DECISION TO PLACE THE STOP LINE ...

docket:	a4979-08
court:	superior court appellate division
decided:	2010-08-30
status:	unpublished
citation:
Document Size:	47135

99 DONNA SCHACK v. CITY OF BAYONNE -- rank: 512

... City based its position on the specific protection afforded by N.J.S.A. 59:2-3(d), 4-5, and 5-4. Bayonne relies first on ... of the statute. But we agree with the City that N.J.S.A. 59:2-3(d) extends immunity entitling it to summary judgment. The removal ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3(d).] Removal of the crossing guard was the product of ...

docket:	a4965-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-08
status:	unpublished
citation:
Document Size:	20650

100 GIUSEPPE RIBAUDO v. CITY OF GARFIELD -- rank: 502

... that the actions of defendants should not be subject to N.J.S.A. 59:2-3(a) immunity. Affirmed. 1 Documents in this record indicate that ...

docket:	a5040-11
court:	New Jersey Superior Court Appellate Division
decided:	2013-07-17
status:	Published
citation:
Document Size:	14239

101 JESSE ROSENBLUM V. BORO OF CLOSTER ET AL -- rank: 485

... its answer that it had exercised its judgment pursuant to N.J.S.A. 59:2-3 and 59:3-2 and that plaintiff had failed to ...

docket:	a1381-93
court:	njappellate
decided:	1995-11-13
status:	published published
citation:	<a href=
Document Size:	28836

102 SAMUEL J. MARZARELLA v. OCEAN COUNTY BOARD OF CHOSEN FREEHOLDERS -- rank: 480

... respect to defendant Millard in his former role as Prosecutor, N.J.S.A. 59:2-3. Whether the Freeholders failed to act on plaintiff's reappointment ...

docket:	A3189-06
court:	NJ Superior Court Appellate Division
decided:	2008-03-20
status:	unpublished
citation:
Document Size:	43164

103 KRISTEN AUCIELLO v. TOWNSHIP OF FRANKLIN -- rank: 468

... Human Servs. , 204 N.J. 320 , 330 (2010) (citation omitted). N.J.S.A. 59:2-3 (a) and (c) state: a. A public entity is not ... Court has " made clear that the exercise of . . . discretion in N.J.S.A. 59:2-3(a) refers to actual, high-level policymaking decisions involving the ...

docket:	a2756-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-13
status:	unpublished
citation:
Document Size:	12976

104 FRANK ASPER v. STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION -- rank: 463

... funding with pavement maintenance needs is entitled to immunity under N.J.S.A. 59:2-3, which provides four separate bases for public-entity immunity: a ... omissions of its employees in carrying out their ministerial functions. [ N.J.S.A. 59:2-3.] The repair and rehabilitation of interstate highways does not occur ...

docket:	a5780-06
court:	superior court appellate division
decided:	2009-09-03
status:	Unpublished
citation:
Document Size:	37098

105 DARLENE WADE v. TOWN OF MOUNT OLIVE -- rank: 443

... under the more general discretionary decision immunity of the TCA, N.J.S.A. 59:2-3. On these bases, defendant moved for summary judgment. Expressly eschewing reliance on the general immunity of N.J.S.A. 59:2-3, Judge David Rand rendered an oral decision expressing his reasons ...

docket:	a4160-09
court:	NJ Superior Court Appellate Division
decided:	2011-02-18
status:	unpublished
citation:
Document Size:	9495