Search Rutgers Law Library N.J. Court Opinions

46 ROBERT MOTTRAM v. WILLIAM H. BUCKMAN ESQ -- rank: 733

... the 90th day after accrual of the cause of action." N.J.S.A. 59:8-8. According to the TCA, "[a]ccrual shall mean the date ... in accordance with N.J.S.A. 59:8-9. N.J.S.A. 59:8-8. Claims based upon a false arrest "arise[] at the time ... to be filed beyond the ninety-day window established in N.J.S.A. 59:8-8 if the claimant can show "sufficient reasons constituting extraordinary circumstance ... notice of his claim against these public actors provided in N.J.S.A. 59:8-8 did not begin until April 25, 2008, the day on ... the cases that have construed the TCA notice requirements under N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. IV Rachmiel ...

docket:	a1811-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	47127

47 JAMES HOWE v. NEW JERSEY TRANSIT CORP -- rank: 731

... notice within ninety days after the date of the accident. N.J.S.A. 59:8-8. However, plaintiff did not file his notice of tort claim ... filed against a public entity within ninety days after accrual. N.J.S.A. 59:8-8. The purpose of limiting the time in which a claimant ... by this chapter . . . shall subject the claim to bar under N.J.S.A. 59:8-8." N.J.A.C. 16:88-3.1(b). Plaintiff ... been timely filed within the ninety-day period prescribed by N.J.S.A. 59:8-8 if the claimant provides the public entity with notice substantially ...

docket:	a5362-06
court:	njappellate
decided:	2008-07-22
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	41998

48 TERESA A. OHLWEILER V. TOWNSHIP OF CHATHAM -- rank: 729

... of a claim or pursuing a cause of action under N.J.S.A. 59:8-8" of the Tort Claims Act. Mr. Stein continued,     [a]dded ... office in connection with a potential negligence action pursuant to N.J.S.A. 59:8-8.     On December 23, 1994, plaintiff again saw Dr. Masur. He ... failure to file within the 90 day period specified by N.J.S.A. 59:8-8, and second, whether the public entity would be "substantially prejudiced ...

docket:	a370-95
court:	njappellate
decided:	1996-05-17
status:	published
citation:	290 N.J.Super. 399
Document Size:	22113

49 KELLY A. FELTYNOWSKI v. ANDREW G. KAUFMAN -- rank: 729

... the New Jersey Tort Claims Act (TCA) as required under N.J.S.A. 59:8-8, and denial of her application to file a late notice ... in accordance with the procedure set forth in this chapter.' N.J.S.A. 59:8-8 prohibits suits against a public entity or public employee unless ... indebtedness or liability that it may be expected to meet. N.J.S.A. 59:8-8. Authorizing plaintiff to file a TCA notice at this late ... a TCA notice within the ninety-day period mandated by N.J.S.A. 59:8-8. Nor did plaintiff move within the maximum one-year period ... notice bars plaintiff's recovery as a matter of law. N.J.S.A. 59:8-8(a). In sum, after our de novo review of the ...

docket:	a2134-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-27
status:	unpublished
citation:
Document Size:	54824

50 NICHOLAS R. BARBIERI v. JOHN D. MAYER -- rank: 727

... Kurtz or the Borough. The ninety-day period prescribed by N.J.S.A. 59:8-8 1 for serving a notice of claim elapsed on December ... to serve a timely notice of claim in compliance with N.J.S.A. 59:8-8. Discovery proceeded for over a year. The discovery included the ... 2014 to move to dismiss the complaint for noncompliance with N.J.S.A. 59:8-8. Nevertheless, the judge concluded that the Legislature's policies underlying ... otherwise provided in N.J.S.A. 59:8-9[.]" N.J.S.A. 59:8-8(a) (emphasis added). Time after time this court has made ... their answer before they moved to dismiss the complaint under N.J.S.A. 59:8-8. During that eighteen-month time frame, defendants essentially wasted the ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. 2 See N.J.S.A. 59:8-9 ( ...

docket:	a0362-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-21
status:	unpublished
citation:
Document Size:	25591

51 INEABELLE LUGO v. CARROLL JO KENNEDY -- rank: 727

... to file a timely notice of claim as required by N.J.S.A. 59:8-8 of the Tort Claims Act (TCA or Act), N.J ... notice of claim to the public entity defendant. In particular, N.J.S.A. 59:8-8 specifies that a plaintiff must provide the public entity with ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8 further provides: The claimant shall be forever barred from recovering ... to the tolling of the time requirements set forth in N.J.S.A. 59:8-8 and 59:8-9. In light of our conclusion that ... outermost time limit for filing suit against a public entity. N.J.S.A. 59:8-8(b). Were we to accept plaintiff's argument that she ...

docket:	a4493-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-06
status:	unpublished
citation:
Document Size:	27311

52 MARY LONDONO v. CITY OF ELIZABETH -- rank: 727

... plaintiff never filed a notice of claim as required by N.J.S.A. 59:8-8 and because the claims were barred by the statute of ... statute of limitations and the "general" statute of limitations, see N.J.S.A. 59:8-8(b) and N.J.S.A. 2A:14-2, and ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. Claimants are "forever barred from recovering against a public entity ... Court for relief from the ninety-day notice requirement of N.J.S.A. 59:8-8, "in no event may any suit against a public entity ... claim." N.J.S.A. 59:8-9; see also N.J.S.A. 59:8-8(b) (providing that claims against public entities or employees are ... supply the omission by giving notice within ninety days under N.J.S.A. 59:8-8(a) or within one year, if permitted by the ...

docket:	a2027-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-23
status:	unpublished
citation:
Document Size:	31288

53 Lowe v. Zarghami -- rank: 722

... after the notice of claim is received before filing suit. N.J.S.A. 59:8-8. Those notice provisions, however, apply only if the worker is ...

docket:	a-192-97
court:	njsupreme
decided:	1999-06-07
status:
citation:	158 N.J. 606
Document Size:	68467

54 JASON BOUGH v. BEGINNINGS COUNSELING & REFERRAL SERVICES -- rank: 722

... must timely serve a notice of tort claim pursuant to N.J.S.A. 59:8-8: A claim relating to a cause of action for death ... notice of claim" within the ninety-day period prescribed by N.J.S.A. 59:8-8 does not apply to plaintiff. He maintained that because the ... were correctly held to the 90 day notice requirement of N.J.S.A. 59:8-8. However, the [p]laintiff in the matter presently before the ... either benefit from or be held to the requirements of N.J.S.A. 59:8-8, which specifically bars any filing beyond 90 days of his ... the notices of claim beyond the ninety-day requirement of N.J.S.A. 59:8-8. We are, therefore, constrained to affirm the trial court's ...

docket:	a0294-07
court:	NJ Superior Court Appellate Division
decided:	2008-12-19
status:	unpublished
citation:
Document Size:	45049

55 ELLEN HEINE v. STATE OF NEW JERSEY -- rank: 720

... only outside of the 90 days as set forth in N.J.S.A. 59:8-8, but outside the extended period of one year as set ... the ninetieth day after accrual of the cause of action." N.J.S.A. 59:8-8. The only exception is provided by N.J.S.A ... period, the trial judge could not grant the motion. See N.J.S.A. 59:8-8, -9; Pilonero v. Twp. of Old Bridge , 236 N.J ...

docket:	a5739-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-25
status:	unpublished
citation:
Document Size:	28331

56 JACK TROCKI DEVELOPMENT CO., LLC v. CITY OF NORTHFIELD -- rank: 720

... that plaintiff's lawsuit against them was procedurally barred under N.J.S.A. 59:8-8 and -9, because: (1) plaintiff failed to serve a tort ... claims to be dismissed with prejudice for non-compliance with N.J.S.A. 59:8-8 and -9, then we should exercise original jurisdiction and dismiss ... February 2010. The operative statutory provisions governing this issue are N.J.S.A. 59:8-8 and N.J.S.A. 59:8-9. The former ... Two years have elapsed since the accrual of the claim . [ N.J.S.A. 59:8-8 (emphasis added).] The companion provision, N.J.S.A. 59 ...

docket:	a0230-10
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	51477

57 NAILAH TAYLOR v. TOWN OF MORRISTOWN -- rank: 718

... complaint within the two-year statute of limitations pursuant to N.J.S.A. 59:8-8(b) and -9. In its application, MHA noted the court ... of the accrual of the claimant's cause of action. N.J.S.A. 59:8-8; H.C. Equities, 247 N.J. at 370. A A ... within ninety days of September 11, 2020, as required by N.J.S.A. 59:8-8, nor does she dispute the statement of facts in MHA ... circumstances to excuse her failure to file a timely notice. N.J.S.A. 59:8-8 provides that a 'claimant shall be forever barred from recovering ...

docket:	a2725-22
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	32893

58 RYAN RANKIN v. STATE OF NEW JERSEY -- rank: 718

... the 90th day after accrual of the cause of action." N.J.S.A. 59:8-8. N.J.S.A. 59:8-1 provides the date ... shall not be affected by the notice provisions contained herein." N.J.S.A. 59:8-8 provides, in relevant part, that a "claimant shall be forever ... are an important component of the statutory scheme." Ibid. (citing N.J.S.A. 59:8-8 and -9). Although notice requirements, such as the one stated ... purposes of computing the ninety-day period set forth in N.J.S.A. 59:8-8(a)." McDade , supra , 208 N.J. at 474 (citing Lamb ...

docket:	a1603-15
court:	NJ Superior Court Appellate Division
decided:	2017-02-15
status:	unpublished
citation:
Document Size:	30970

59 MARIA HERNANDEZ v. SNYDER HIGH SCHOOL -- rank: 718

... opinion, Judge Daniel D'Alessandro noted plaintiff was required by N.J.S.A. 59:8-8 to serve defendants with a tort claim notice within ninety ... otherwise provided in N.J.S.A. 59:8-9[.]' N.J.S.A. 59:8-8(a) (emphasis added). We have repeatedly made clear that, after ... notice of claim within the ninety-day period prescribed by N.J.S.A. 59:8-8. Next, as Judge D'Alessandro correctly recognized, plaintiff's handwritten ...

docket:	a1311-16
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	44708

60 Ventola v. New Jersey Veteran's Memorial Home -- rank: 709

... time a claim accrues to file a notice of claim. N.J.S.A. 59:8-8. The purpose of the 90-day limit is to permit ... time a claim accrues, to file a notice of claim. N.J.S.A. 59:8-8. Section 59:8-8 provides that: A claim relating to ...

docket:	a-119-98
court:	njsupreme
decided:	2000-06-05
status:
citation:
Document Size:	38386