Search Rutgers Law Library N.J. Court Opinions

106 WASHINGTON COMMONS, LLC. v. CITY OF JERSEY CITY -- rank: 653

... Board for major site plan approval and variances pursuant to N.J.S.A. 59:8-8. As to the latter, the judge further declined to extend ... to provide the requisite notice within 90 days pursuant to N.J.S.A. 59:8-8. And finally, regarding the count of the complaint alleging due ... days of the accrual of its claim as required by N.J.S.A. 59:8-8. Plaintiff argues that its tort claim is exempt from the ... writs. See N.J.S.A. 59:8-3 and N.J.S.A. 59:8-8. Also, contrary to plaintiff's alternative argument, the timely filing ... complaint is not a substitute for the notice required by N.J.S.A. 59:8-8. Guzman v. City of Perth Amboy , 214 N.J. Super ...

docket:	a6560-06
court:	njappellate
decided:	2009-01-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38484

107 LAWRENCE TOWNES v. CITY OF NEWARK, et al. -- rank: 653

... invokes the tolling clause contained in the last sentence of N.J.S.A. 59:8-8. We affirm. Defendants, the City of Newark and the Housing ... contended that plaintiff was entitled to the tolling provision of N.J.S.A. 59:8-8 established for the benefit of "an infant or incompetent person ... period to the one-year extension as set forth in . . . N.J.S.A. 59:8-8, the last sentence which states []: Nothing in this section shall ... the ninetieth day after accrual of the cause of action[,]" N.J.S.A. 59:8-8, and is permitted to file suit "[a]fter the expiration ... following the accrual of the claimis the last sentence of N.J.S.A. 59:8-8. Failing that, his only recourse is to rely on equitable ... Bernstein held, the plain meaning of the last sentence of N.J.S.A. 59:8-8 does not encompass the circumstances presented here. To hold ...

docket:	A2050-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-22
status:	unpublished
citation:
Document Size:	45275

108 RUSSO FARMS, INC. v. VINELAND BOARD OF EDUCATION -- rank: 650

... of Medford Lakes , 90 N.J. 582 , 593 (1982). Under N.J.S.A. 59:8-8 of the Tort Claims Act, the claims will be barred ... burden of establishing that defendants' conduct was palpably unreasonable. D      N.J.S.A. 59:8-8 of the Tort Claims Act provides:         The claimant shall be ...

docket:	a-75-95
court:	njsupreme
decided:	1996-05-07
status:
citation:	144 N.J. 8
Document Size:	92317

109 BRIAN BEYER v. SEA BRIGHT BOROUGH -- rank: 650

... abdominal hematoma." Because the notice of claim was untimely under N.J.S.A. 59:8-8(a), Beyer simultaneously filed a motion for leave to file ... to file notice of a claim against a public entity. N.J.S.A. 59:8-8(a). This notice requirement was created (1) to allow the ...

docket:	a4061-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-19
status:	published
citation:	440 N.J.Super. 424 114 A.3d 380
Document Size:	26544

110 LUZI BARTSCH v. CITY OF NEWARK -- rank: 648

... within ninety days after the cause of action accrues. See N.J.S.A. 59:8-8. The notice of claim is intended: (1) to allow the ...

docket:	a0489-18
court:	NJ Superior Court Appellate Division
decided:	2019-04-29
status:	Unpublished
citation:
Document Size:	21801

111 KADISHA JONES RICHARDSON v. NEWARK HOUSING AUTHORITY -- rank: 646

... is permissible. McDade, 208 N.J. at 468. Pursuant to N.J.S.A. 59:8-8, a claimant must provide the public entity with a notice ... the ninetieth day after accrual of the cause of action.' N.J.S.A. 59:8-8. Ordinarily, the date of accrual of a cause of action ... are not necessary preconditions for a finding of extraordinary circumstances. N.J.S.A. 59:8-8 and -9 affords trial judges wide latitude in determining extraordinary ...

docket:	a3800-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	17737

112 JOHN DEEGAN v. DR. SUN H. LEE -- rank: 646

... the 90th day after accrual of the cause of action." N.J.S.A. 59:8-8. However, "the notice provisions of the [TCA] were not intended ... review. III. "In determining whether a notice of claim under N.J.S.A. 59:8-8 has been timely filed, a sequential analysis must be undertaken ...

docket:	a0460-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-10
status:	unpublished
citation:
Document Size:	27369

113 JEAN COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY, A Division of EDISON TOWNSHIP -- rank: 646

... of claim as required by the Tort Claims Act (TCA), N.J.S.A. 59:8-8. Plaintiff argues that there are sufficient circumstances to explain or ... Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides: A claim relating to a cause of action for ... The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a ...

docket:	A3776-06
court:	NJ Superior Court Appellate Division
decided:	2007-11-09
status:	unpublished
citation:
Document Size:	37298

114 /usr/local/share/www/libweb/collections/courts/appellate/a3154-19.opn.html -- rank: 646

... of tort claim was made within the time required by N.J.S.A. 59:8-8. Plaintiff later successfully obtained leave to file a late notice ... by N.J.S.A. 59:8-9 and reverse. N.J.S.A. 59:8-8 requires that a party pursuing a cause of action against ... reasons constituting extraordinary circumstances' for the failure to comply with N.J.S.A. 59:8-8. There is no question that plaintiff failed to file a ... of claim on JCMUA within the ninety days required by N.J.S.A. 59:8-8. As noted above, plaintiff delivered a notice of claim within ... insurer about a related claim constitutes the notice required by N.J.S.A. 59:8-8. In fact, in opposing plaintiff's motion for leave to ...

docket:
court:
decided:
status:
citation:
Document Size:	11009

115 DONALD C. BAYER, JR v. TOWNSHIP OF UNION, NEW JERSEY OFFICER CHRISTOPHER DONNELLY OFFICER ROBERT DONNELLY, III OFFICER EDWARD KOSTER, OFFICER THOMAS OLLEMAR, OFFICER CARLOS TURNER, SERGEANT MARC A. BRUNO SERGEANT J. DILGINIS, SERGEANT SHAWN HERRIGHTY, DETECTIVE WILLIAM FUENTES, DETECTIVE THOMAS RONAN, DETECTIVE GREGORY ROSSI, DETECTIVE LIEUTENANT RONALD BERRY and CAPTAIN EDWARD SHAPIRO - -- rank: 644

... the late filing. We disagree. According to pertinent provisions of N.J.S.A. 59:8-8: A claim relating to a cause of action for death ... 8-9, a failure to comply with the provisions of N.J.S.A. 59:8-8 is only forgiven upon a showing of "extraordinary circumstances": A ... 22 (2000). "In determining whether a notice of claim under N.J.S.A. 59:8-8 has been timely filed, a sequential analysis must be undertaken ...

docket:	a1482-07
court:	superior court appellate division
decided:	2010-07-07
status:	published
citation:	414 N.J. Super. 238 997 A.2d 1118
Document Size:	119423

116 HERBERT WREDEN v. TOWNSHIP OF LAFAYETTE -- rank: 642

... Beauchamp v. Amedio , "the 'notice of claim' referred to in N.J.S.A. 59:8-8 is really a misnomer. A person need not have or ...

docket:	a5422-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-17
status:	published
citation:	436 N.J.Super. 117 92 A.3d 681
Document Size:	33388

117 GARY BIASSOU, Guardian ad Litem of ALESSIO BIASSOU Minor, and GARY BIASSOU and KATIA BIASSOU Individually v. JOHN FITZSIMMONS, M.D VIRTUA MATERNAL FETAL MEDICINE CENTER KENNEDY MEMORIAL HOSPITALS/UNIVERSITY MEDICAL CENTER and KEITH WILLIAMS, M.D -- rank: 642

... file a tort claim notice against him as required by N.J.S.A. 59:8-8. 3 Plaintiffs opposed the motion, and on October 28, 2013 ... ninety days of the accrual of the cause of action. N.J.S.A. 59:8-8. However, N.J.S.A. 59:8-9 alleviates the ...

docket:	a2123-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	25225

118 GEOFFREY JONES v. CITY OF JERSEY CITY -- rank: 639

... a motion to file a late claim as required by N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. The facts ... when it has to be served, A-2366-18T1 7 N.J.S.A. 59:8-8; (2) what information it must contain, N.J.S.A ... be served within ninety days of the claim's accrual. N.J.S.A. 59:8-8. '[T]he first task [therefore] is always to determine when ...

docket:	a2366-18
court:	NJ Superior Court Appellate Division
decided:	2020-02-18
status:	Unpublished
citation:
Document Size:	25937

119 THERESA LEE v. STATE OF NEW JERSEY -- rank: 637

... after timely serving the requisite notices under the TCA, see N.J.S.A. 59:8-8, plaintiff filed a complaint in the Law Division against the ...

docket:	a1077-08
court:	NJ Superior Court Appellate Division
decided:	2009-06-23
status:	unpublished
citation:
Document Size:	65270

120 BOBBIE LYNN PIERCE v. CHERRY HILL TOWNSHIP -- rank: 637

... were present at the altercation with "fighting" in violation of N.J.S.A. 59:8-8. Nevertheless, by letter dated July 2, 2008, Pierce's new ... to file notice of a claim against a public entity. N.J.S.A. 59:8-8(a). This notice requirement was created: (1) to allow the ...

docket:	a3264-08
court:	superior court appellate division
decided:	2010-04-12
status:	Unpublished
citation:
Document Size:	34255