Search Rutgers Law Library N.J. Court Opinions

16 ROBERT DIMATTIES, JR v. SOMERDALE PARK SCHOOL -- rank: 826

... has taken absolutely no steps to meet the conditions of N.J.S.A. 59:4-3, which deals with actual and constructive notice." As is apparent ... turn to the third requirement, which is notice. Pursuant to N.J.S.A. 59:4-3(a), a public entity has "actual notice" of a "dangerous ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). "Protect against" is defined to include "repairing, remedying or ...

docket:	a3769-08
court:	NJ Superior Court Appellate Division
decided:	2010-04-08
status:	unpublished
citation:
Document Size:	46496

17 BRIANNA ACKERMAN v. FRANKLIN TOWNSHIP BOARD OF EDUCATION -- rank: 821

... actual or constructive notice of the dangerous condition under section [ N.J.S.A. ] 59:4-3 a sufficient time prior to the injury to have taken ...

docket:	a5108-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-30
status:	unpublished
citation:
Document Size:	46836

18 WILLIAM E. COFFEY, III v. 46 4th STREET, LLC -- rank: 813

... had actual or constructive notice of the dangerous condition under [ N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ... and knew or should have known of its dangerous character.' N.J.S.A. 59:4-3(a). In contrast, a public entity is deemed to have ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). Here, to establish actual notice, plaintiff argues that the ... its dangerous character.' Polzo, 209 N.J. at 67 (quoting N.J.S.A. 59:4-3(b)). And, the 'mere '[e]xistence of an alleged dangerous ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), not by whether [for example] 'a routine ...

docket:	a0131-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-06
status:	Unpublished
citation:
Document Size:	54569

19 ANGELA PRESTOL v. HENPAL REALTY ASSOCIATES LLC -- rank: 804

... had neither actual nor constructive notice of the pothole under N.J.S.A. 59:4-3 because 'there [was] no evidence that any specific complaints were ... and knew or should have known of its dangerous character.' N.J.S.A. 59:4-3(a). 'A public entity shall be deemed to have constructive ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b). A-0633-19 17 'The mere '[e]xistence of ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), not by whether [for example] 'a routine ...

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

20 BRIAN KRUZEL v. CITY OF NEWARK -- rank: 802

... selling it. A-4387-18 16 The TCA provides in N.J.S.A. 59:4-3 that: (a) A public entity shall be deemed to have ... had not met the 'fundamental requirement of constructive notice under N.J.S.A. 59:4-3(b).' Id. at 388. We stated that the plaintiff had ...

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

21 LINDA CLARK v. CITY OF WILDWOOD -- rank: 791

... notice of the alleged dangerous condition within the meaning of N.J.S.A. 59:4-3'; '[t]he actions or inactions of the City of Wildwood ... statute. Judge Pickering also addressed the element of notice, citing N.J.S.A. 59:4- 3, and determined plaintiff 'provided no evidence . . . [d]efendant had actual ... had actual or constructive notice of the dangerous condition under [ N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ...

docket:	a0110-21
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	31897

22 /usr/local/share/www/libweb/collections/courts/appellate/a0142-18.opn.html -- rank: 791

... had actual or constructive notice of the dangerous condition under [ N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ... and knew or should have known of its dangerous character.' N.J.S.A. 59:4-3(a). A-5269-17T4 11 'A public entity shall be ... care, should have discovered the condition and its dangerous character.' [N.J.S.A. 59:4-3(b).] 'Whether a public entity is on actual or constructive ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), not by whether [for example] 'a routine ... the condition and its dangerous character.'' Id. at 75 (quoting N.J.S.A. 59:4- 3(b)). Plaintiff's reliance on Penza's inspection five months ...

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

23 LESLIE MARTINEZ-GOMEZ v. UNITED DOMINICANS OF PERTH AMBOY -- rank: 780

... had actual or constructive notice of the dangerous condition under [ N.J.S.A.] 59:4-3 a sufficient time prior to the injury to have taken ... 2(b). Actual notice and constructive notice are defined by N.J.S.A. 59:4-3, which provides: a. A public entity shall be deemed to ... dangerous condition is measured by the standards set forth in N.J.S.A. 59:4-3(a) and (b), A-3095-18T1 19 not by whether ...

docket:	a3095-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Unpublished
citation:
Document Size:	43141

24 SUZANNE PAGONIS v. BOROUGH OF ALLENDALE -- rank: 780

... that Allendale had actual or constructive notice of the condition. N.J.S.A. 59:4-3. In her statement of material facts in opposition to defendants ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b) (emphasis added). On the motion record, plaintiff failed to ...

docket:	a4071-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-22
status:	Unpublished
citation:
Document Size:	29983

25 /usr/local/share/www/libweb/collections/courts/appellate/a1971-19.opn.html -- rank: 777

... care, should have discovered the condition and its dangerous character. [N.J.S.A. 59:4-3(b).] Initially, we note that 'the mere '[e]xistence of ...

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Document Size:	37011

26 ORNELLA RODOLICO v. TOTOWA WASHINGTON BOROUGH -- rank: 774

... dangerous condition, defendants' failure to protect Ornella was palpably unreasonable. N.J.S.A. 59:4-3 provides: a. A public entity shall be deemed to have ...

docket:	a4140-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-31
status:	published
citation:
Document Size:	47039

27 Deborah Townsend v. Noah Pierre -- rank: 771

... an expert witness opined that, for purposes of the TCA, N.J.S.A. 59:4-3(b), the defendant had constructive notice of the depression or ...

docket:	A-2-13
court:	NJ Supreme Court
decided:	2015-03-12
status:
citation:	221 N.J. 36 110 A.3d 52
Document Size:	91684

28 /usr/local/share/www/libweb/collections/courts/appellate/a4405-17.opn.html -- rank: 769

... 17T3 6 or should have known of its dangerous character.' N.J.S.A. 59:4-3(a). A public entity has constructive notice of a dangerous ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3(b); accord Patrick ex rel. Lint v. City of Elizabeth ... N.J. Super. 565, 572-73 (App. Div. 2017) (quoting N.J.S.A. 59:4-3(b)). Plaintiff argues the City had notice of the raised ...

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

29 JAROSLAW HASIAK v. BOROUGH OF WALLINGTON -- rank: 760

... condition. N.J.S.A. 59:4-2. Pursuant to N.J.S.A. 59:4-3, a public entity has "actual notice" of a "dangerous condition ... and knew or should have known of its dangerous character." N.J.S.A. 59:4-3(a). It is deemed to have constructive notice "only if ... care, should have discovered the condition and its dangerous character." N.J.S.A. 59:4-3(b). Plaintiffs have not demonstrated that the County had either ...

docket:	a4202-12
court:	NJ Superior Court Appellate Division
decided:	2014-09-02
status:	unpublished
citation:
Document Size:	49191

30 EDWARD GROSS v. BOROUGH OF FORT LEE -- rank: 760

... Leonia], 160 N.J. [427, 448 (1999)]. In accordance with N.J.S.A. 59:4-3(b), in order for the [Borough] to be held liable ... care, should have discovered the condition and its dangerous character.' N.J.S.A. 59:4-3; Carroll v. N.J. Transit, 366 N.J. Super. 380 ... when an alleged dangerous condition is of an obvious nature. N.J.S.A. 59:4-3. No proof is offered that shows the raised pavers existed ... rise to the level of 'obvious' for the purposes of N.J.S.A. 59:4-3. As such, the Borough had no actual or constructive notice ...

docket:	a5642-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	27337