Search Rutgers Law Library N.J. Court Opinions

16 LYUMILA BLANK VS CITY OF ELIZABETH, ET AL -- rank: 796

... action "except as otherwise provided in section 59:8-9...." N.J.S.A. 59:8-8. As originally adopted as part of the Tort Claims Act ... continuous tort" and concludes that a single notice of claim, N.J.S.A. 59:8-8, "preserves a claim for damages for each separate injury occurring ... and the filing of suit, subject to the limitations of N.J.S.A. 59:8-8(b)." Harry A. Margolis and Robert Novack, Claims Against Public ...

docket:	a2905-97
court:	njappellate
decided:	1999-01-29
status:	published
citation:	<a href=
Document Size:	42173

17 AHMAAD GRIFFIN v. CITY OF NEWARK -- rank: 794

... period for filing a notice of claim set forth in N.J.S.A. 59:8-8 expired, at the latest, on April 29, 2019, ninety days ... of Griffin's minor survivors have not yet accrued, see N.J.S.A. 59:8-8 ('[n]othing in this section shall prohibit a minor . . . from ... otherwise provided in [ N.J.S.A.] 59:8-9 . . . . [N.J.S.A. 59:8-8.] N.J.S.A. 59:8-9 provides that [a ... of claim was filed within ninety days' as required by N.J.S.A. 59:8-8.' Ibid. ''If not, the third task is to decide whether ... revising N.J.S.A. 2A:14-23.1 and N.J.S.A. 59:8-8 to allow grieving family members in TCA cases involving fatalities ...

docket:	a1100-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-12
status:	Unpublished
citation:
Document Size:	54614

18 ESTATE OF MICAH SAMUEL TENNANT DUNMORE v. PLEASANTVILLE BOARD OF EDUCATION -- rank: 789

... 1 to 59:12-3. In reading in pari materia N.J.S.A. 59:8-8, which extends the statute of limitations for an injured minor ... the court's misapprehension that the ninety-day deadline under N.J.S.A. 59:8-8 to file a tort claims notice is equivalent to three ... 2007). The ninety-day deadline is specific, clear, and unambiguous. N.J.S.A. 59:8-8 states: 'A claim relating to a cause of action for ... file a notice of claim and complaint was tolled under N.J.S.A. 59:8-8, the time to file her Portee claim should also be ... November 20, 2019 , to file a tort claims notice under N.J.S.A. 59:8-8, and two years from the same date to institute a ... 382 N.J. Super. 594, 604 (App. Div. 2006). However, N.J.S.A. 59:8-8 is silent as to whether Angela's ninety-day ...

docket:	a4314-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-20
status:	Published
citation:
Document Size:	25199

19 S.P. V. COLLIER HIGH SCHOOL, ET ALS -- rank: 787

... to file a late notice under the Tort Claims Act, N.J.S.A. 59:8-8, was dated August 22, 1995. A transcript of the argument ... will not excuse failure to meet the filing deadline" under N.J.S.A. 59:8-8. Hyman Zamft and Manard v. Cornell , 309 N.J. Super ... See O'Neill , supra , 304 N.J. Super. at 554; N.J.S.A. 59:8-8. In fact, nothing in the record expressly addresses the ninety-day period following plaintiff's eighteenth birthday. Moreover      N.J.S.A. 59:8-8 tolls an action until an infant becomes eighteen. Contrary to ... after 90 days -- and `barred' is the word used by N.J.S.A. 59:8-8 -- does not mean he did not have the right to ... he could join the Board as a third-party defendant. N.J.S.A. 59:8-8 requires that a "claim relating to a cause of ...

docket:	a6590-96
court:	njappellate
decided:	1999-03-11
status:	published
citation:	319 N.J.Super. 452
Document Size:	49452

20 ESTATE OF KATHERINE PERRY v. APOORVA A. SINHA -- rank: 785

... the A-1757-19 6 timeliness of the claim under N.J.S.A. 59:8-8. Beauchamp v. Amedio, 164 N.J. 111, 118-19 (2000 ... holding trial judges determining the timeliness of a claim under N.J.S.A. 59:8-8 must perform a 'sequential analysis': first deciding when the claim ... within ninety days of the accrual of the claim. See N.J.S.A. 59:8-8; see also O'Donnell, 236 N.J. at 345. The ... shall be forever barred from recovering against a public entity.' N.J.S.A. 59:8-8. The harshness of N.J.S.A. 59:8-8's ninety-day requirement, however, is in part alleviated by ... determine whether an NOC was timely filed in accordance with N.J.S.A. 59:8-8, a court must first find 'the date on which ...

docket:	a1757-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-20
status:	Unpublished
citation:
Document Size:	28250

21 Nancy Velez v. City of Jersey City, et als. -- rank: 780

... claims due to her failure to give timely notice under N.J.S.A. 59:8-8, but denied their motions in respect of the LAD claims ... entity, it would have expressly done so when it amended N.J.S.A. 59:8-8. (p. 18) 7. Velez’s claims for assault and battery ... a public entity is immune from liability for that injury.” N.J.S.A. 59:8-8 (noting failure to satisfy notice requirements “constitutes an absolute bar ... 14 comment. III.     We now address whether the amendment to N.J.S.A. 59:8-8, extending the application of the notice provisions to actions against ... to intentional tort claims. First, the definition of “injury” in N.J.S.A. 59:8-8 was amended in 1994 to require a complaining party to ... notice to both the public entity and the public employee, N.J.S.A. 59:8-8 only requires that notice be given to the public ...

docket:	a-97-02
court:	njsupreme
decided:	2004-06-29
status:
citation:	180 N.J. 284
Document Size:	48253

22 IN THE MATTER OF LEAVE TO FILE A LATE NOTICE OF CLAIM PURSUANT TO THE NEW JERSEY TORT CLAIMS ACT ON BEHALF OF LUIS LOPEZ -- rank: 780

... within ninety days of the accrual of the claim. See N.J.S.A. 59:8-8; see also O'Donnell, 236 N.J. at 345. The ... shall be forever barred from recovering against a public entity.' N.J.S.A. 59:8-8. The harshness of N.J.S.A. 59:8-8's ninety-day requirement, however, is in part alleviated by ... determine whether a notice of claim is timely filed under N.J.S.A. 59:8-8. Beauchamp, 164 N.J. at 118. 'The first task is ... notice of tort claim is timely filed in accordance with N.J.S.A. 59:8-8, a court must first find 'the date on which the ... notice of claim against a public entity or employee. See N.J.S.A. 59:8-8 (requiring the filing of a notice of claim within ...

docket:	a0465-20
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	36734

23 OF YOUTH AND FAMILY SERVICES v. V.G., T.C., AND D.J - IN THE MATTER OF U.G. AND T.C., minors -- rank: 778

... not accrue until they reach the age of majority. See N.J.S.A. 59:8-8(b) (stating under the Tort Claims Act, an action by ... minor accrues two years following reaching the age of majority); N.J.S.A. 59:8-8(c) (stating an action by a minor under the Tort ...

docket:	a1805-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-23
status:	unpublished
citation:
Document Size:	60900

24 /usr/local/share/www/libweb/collections/courts/appellate/a2066-20.opn.html -- rank: 778

... timely notice of claim as required by the TCA. See N.J.S.A. 59:8-8(a) (generally requiring a claimant to file a notice of ... claim provisions of the TCA, including the time requirements of N.J.S.A. 59:8-8 and -9. 6 When N.J.S.A. 2A:53A ... s] two-year statute of limitations period, set forth in N.J.S.[A.] 59:8-8, for bringing a sexual abuse lawsuit against a public entity ... 2008) ('Although the filing of a tort claims notice under N.J.S.A. 59:8-8 is an indispensable jurisdictional prerequisite to the prosecution of common ... 2) failed to file a timely notice of claim under N.J.S.A. 59:8-8(a), i.e., 'within [ninety] days of accrual of the ...

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25 ESTATE OF PATRICK MAYES v. STATE OF NEW JERSEY -- rank: 769

... warranted the tolling of the ninety-day period provided in N.J.S.A. 59:8-8 until the time plaintiff's counsel became actually aware of ... acted "with reasonable diligence" in filing the notice required under N.J.S.A. 59:8-8. Defendants argue the motion judge erred by misapplying the Court ... notice of claim within the period of time prescribed by [ N.J.S.A. ] 59:8-8[.]" See N.J.S.A. 59:8-9. After reviewing ... 3, within ninety days of the accrual of such claim. N.J.S.A. 59:8-8. This notice of claim must be signed by the claimant ... tort claims notice outside the ninety-day window required by N.J.S.A. 59:8-8. N.J.S.A. 59:8-9 provides: A claimant ... notice of his claim within 90 days as provided in [ N.J.S.A. ] 59:8-8 of this act, may, in the discretion of a ...

docket:	a3877-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-13
status:	published
citation:
Document Size:	30794

26 CAROLYN MCFEELEY v. SUNNY KAR, D.O. -- rank: 767

... required components including (1) when it has to be filed, N.J.S.A. 59:8-8; (2) what information it must contain, N.J.S.A ... be filed within ninety days of the claim's accrual. N.J.S.A. 59:8-8. In 'extraordinary circumstances,' the Act allows a late filing of ...

docket:	a4543-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-18
status:	Unpublished
citation:
Document Size:	34228

27 /usr/local/share/www/libweb/collections/courts/appellate/a1488-19.opn.html -- rank: 762

... of claim was filed within ninety days' as required by N.J.S.A. 59:8-8. Beauchamp, 164 N.J. at 118. 'If not, the third ... properly dismissed with prejudice for failure to state a claim. N.J.S.A. 59:8-8, the section of the Tort Claims Act addressing presentation of ... otherwise provided in N.J.S.[A.] 59:8-9.' N.J.S.A. 59:8-8(a). N.J.S.A. 59:8-9, is 'the ... the accrual of his cause of action as required by N.J.S.A. 59:8-8, 'provided that the public entity or the public employee has ... Rowan, a year before Ginsberg took over the file. See N.J.S.A. 59:8-8; O'Donnell v. N.J. Tpk. Auth., 236 N.J ...

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28 HASSAN H. SALAH, M.D v. H. VICTOR GILSON, Ed.D. -- rank: 762

... ninetieth day after the accrual of the cause of action, N.J.S.A. 59:8-8, and must contain the following information: (1) the name and ... from recovering against a public entity or a public employee." N.J.S.A. 59:8-8. We have cautioned that a literal interpretation of N.J.S.A. 59:8-8 should be avoided where a claimant substantially provided the information ... the investigation and evaluation of the information as contemplated by N.J.S.A. 59:8-8. Henderson v. Herman , 373 N.J. Super. 625 , 636-37 ...

docket:	a3617-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-19
status:	unpublished
citation:
Document Size:	66941

29 FEINBERG V. STATE OF NEW JERSEY, NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. -- rank: 760

... On June 23, 1989, within the ninety days required by N.J.S.A. 59:8-8, plaintiff's counsel served tort-claim notices on the State ... the procedure set forth in" the Act. In this regard, N.J.S.A. 59:8-8 requires that:     A claim relating to a cause of action ...

docket:	a-128-93
court:	njsupreme
decided:	1994-08-03
status:
citation:	137 N.J. 126
Document Size:	34875

30 GLENN B. SLATER v. CAPTAIN DAVID HARDIN -- rank: 760

... the 90th day after accrual of the cause of action." N.J.S.A. 59:8-8. If a claimant shows "extraordinary circumstances," and the court finds ... barred from recovering against a public entity or public employee." N.J.S.A. 59:8-8. Furthermore, the Act contains a statute of limitations. "The claimant ... wo years have elapsed since the accrual of the claim[.]" N.J.S.A. 59:8-8. "[I]n no event may any suit against a public ... J. 414 , 427 (2011). That in itself bars his claim. N.J.S.A. 59:8-8(a); McDade , supra , 208 N.J. at 469. Furthermore, the ... barred from recovering against a public entity or public employee." N.J.S.A. 59:8-8(b); e.g. , Dunn v. Borough of Mountainside , 301 N ... it against Sciorra in the palimony action in May 2003. N.J.S.A. 59:8-8(b). He also demonstrated his knowledge of the Act ...

docket:	a4818-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	41562